IMPORTANT POINT
Absence of injuries on private parts of a victim of rape specially a married lady cannot ipso facto lead to an inference that no rape has been committed.

Headnote:Indian Penal Code, 1860 — Section 376(2)(g) — Appellant driver of bus with other accused conductor committed rape on prosecutrix — Prosecutrix had travelled in the bus and when bus reached destination at 10 P.M., accused asked prosecutrix to sleep in bus — Prosecutrix was sleeping in bus when accused committed rape on her in mid night — Trial Court convicted both accused and sentenced each 10 years imprisonment with fine — High Court upheld conviction and sentence — Appeal — No reason why prosecutrix would falsely implicate the accused — Her testimony stood corroborated by evidence of two constables who reached spot on hearing shrieks of girl and went inside the bus and found one accused holding hands of prosecutrix and other committing rape on her — Absence of injuries on private parts of victim specially a married lady ipso facto could not lead to an inference that no rape was committed — No reason to interfere with conviction.
       Held : The prosecutrix PW-10 Halki Bai has clearly deposed in her statement that both the accused, viz., Santosh Kumar and Munim Mishra had ravished her one after another. There is absolutely no reason why Halki Bai would falsely implicate the accused as they were strangers to her. The testimony of prosecutrix finds corroboration from the testimony of two constables, namely, PW-7 Dinesh Kumar and PW-8 Hari Narayan.(Para 5)
       The question, which arises for consideration, is whether the proved facts establish the offence of rape. It is not necessary for us to refer to various authorities as the said question has been examined in considerable detail in Madan Gopal Kakkad v. Naval Dubey, (1992) 3 SCC 204.(Para 7)
       The medical examination report of the victim shows that she received injuries on front portion of the body and also on her hands. The mere fact that no injuries were found on private parts of her body cannot be a ground to hold that no rape was committed upon her or that the entire prosecution story is false. It may be noted that Halki Bai is a married grown up lady and in such circumstances the absence of injuries on her private parts is not of much significance.(Para 8)

JUDGMENT

G.P. Mathur, J. — Santosh Kumar has preferred this appeal, by special leave, against the judgment and order dated 13.12.2004 of Madhya Pradesh High Court, by which the appeal filed by him was dismissed and the judgment and order dated 23.10.1989 of Sessions Judge, Raisen, convicting him under Section 376(2)(g) IPC and imposing the sentence of 10 years RI and a fine of Rs.500/- and in default to undergo six months RI was affirmed.

2. The case of the prosecution, in brief, is that the prosecutrix Halki Bai, who was resident of village Modakpur had been deserted by her husband and in order to maintain herself she was doing some work as labour. She came by a bus to Silvani in search of work in the night of 20.5.1985. After she had boarded the bus the conductor Munim Mishra enquired where she was going and when she informed him that she was going to Silvani in search of some work, he did not ask for money for issuing to her a ticket. The bus reached Silvani at about 10.00 p.m. and when she was trying to get down, Munim Mishra told her that she may sleep in the bus itself rather than going anywhere in the night and in the morning he would arrange some work for her. Halki Bai then slept on the rear seat of the bus. At about midnight, when all the shops at the bus stand had closed, the driver of the bus, viz. Santosh Kumar (appellant) pressed her breasts and started removing her dhoti which she was wearing. When she tried to raise an alarm, Munim Mishra caught hold of her hands and also gagged her and then the appellant Santosh Kumar ravished her. Thereafter, Santosh Kumar caught hold of her hands and Munim Mishra ravished her. Hearing her alarm, three constables who were on patrol duty and some others came near the bus, but both the accused managed to run away. The policemen brought Halki Bai to P.S. Silvani, where she lodged the FIR of the incident at 1.00 a.m. on 21.5.1985. Halki Bai was sent for medical examination where PW.3 Dr. Z. Fezi examined her at 2.00 a.m. and prepared a medical examination report which is Ex. P-8. After completion of the investigation, charge sheet was submitted against both the accused viz. Santosh Kumar (appellant) and Munim Mishra.

3. The learned Sessions Judge framed charge under Section 376 IPC against both the accused, who pleaded not guilty and claimed to be tried. In order to establish its case, the prosecution examined 10 witnesses and filed some documentary evidence. The appellant and co-accused Munim Mishra in their statements under Section 313 Cr.P.C. denied the prosecution case and examined two witnesses in their defence. The learned Sessions Judge believed the case of the prosecution and convicted and sentenced both the accused as stated earlier. The appeal preferred by the accused was dismissed by the High Court by the judgment and order dated 13.12.2004.

4. During trial the prosecution examined four witnesses of fact. PW-10 Halki Bai in her deposition gave details of the incident and stated that first she was ravished by the appellant Santosh Kumar and then by Munim Mishra. PW-1 Mukhtar Hasan, who was working as a helper in the Forest Department, deposed that he was going to the Range Office and at about 12.00 p.m. when he reached the bus stand, he saw some persons standing near a bus which had come from Sagar. Shortly thereafter, some police constables also came there. He saw Halki Bai and both the accused inside the bus. Halki Bai informed them that both the accused had ravished her. The witness was declared hostile and was cross-examined by the State counsel. PW-7 Dinesh Kumar, who is a constable, deposed that he along with PW-8 Hari Narayan and Narayan Singh were on patrol duty and when they reached near the bus stand, they heard the shrieks of a lady coming from the bus. They immediately rushed and entered the bus from the rear side, when he saw that the appellant Santosh Kumar was catching hold of the hands of the prosecutrix and Munim Mishra was committing rape upon her.

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2006 Supreme(SC) 783

IMPORTANT POINTAbsence of injuries on private parts of a victim of rape specially a married lady cannot ipso facto lead to an inference that no rape has been committed.

Cases Referred (3)

IMPORTANT POINT
Absence of injuries on private parts of a victim of rape specially a married lady cannot ipso facto lead to an inference that no rape has been committed.