Back
SUPREME COURT OF INDIA
G.L. Oza and Murari Mohan Dutt, JJ.
Balwant Singh and others - Appellants
Versus
State of Punjab - Respondent
AND
Saudagar Singh – Appellant
Versus
State of Punjab - Respondent
Crl. Appeal Nos. 131 & 273 of 1978
Decided on 10-2-1987
Held, We are dissatisfied with the manner of investigation of the case by the police. It is curious that in spite of the statements of the girl and her father and the medical report, the police was not satisfied even" prima lade as to the truth of the allegations against the appellants. The police officers including the Superintendent of Police, did not even consider it their duty to produce before the court the report of examination by the Chemical Examiner of the vaginal swabs of the prosecutrix as to the presence of semen and spermatozoa. There is no explanation why such a very important and vital evidence has been withheld from the court. In the circumstances, no importance whatsoever should be given to the fact that the police was not satisfied about the genuineness of the prosecution case. (Para 11)
(ii) Indian Penal Code, 1860-Sections 366 and 376-Rape- Appellants forcefully abducting prosecutrix, committing rape, leaving her unconscious-Father searching-Recovered her in unconscious state-Took to hospital-Medically examined –By men was torn and the edges of the tear were red and painful and bled on touch-There were abrasions on her right breast-She complained pain in both her legs and at her back-Narrated story to father-Whether evidence of the prosecutrix as to rape is sufficiently corroborated by evidence' of her father and medical evidence? (Yes)
Held be that as it may, it is not correct to say that the evidence of P.W. 1 does not find any corroboration. The medical report, in our opinion supports the case of the prosecutrix that she was raped. According to the medical report the hymen was torn and the edges of the tear were red and painful and bled on touch. There were abrasions on the right breast. She complained of pain in both legs and back of neck. The High Court has rightly observed that these are the indications of first sexual intercourse of a female. According to the High Court, there was swelling on the internal walls of the vagina because of the forcible and violent intercourse by many persons. The prosecutrix (P.W.2) was subjected to a length by cross-examination, but she did not break down under the pressure of such cross-examination. It is the evidence of her father, Dalip Singh (P.W. 3), that see was found in an unconscious state and she remained unconscious till one hour before dawn. This evidence also supports the evidence of the prosecutrix. It may be that Dalip Singh is the father of the prosecutrix, but there is no ground to discard his evidence. Both the learned Additional Sessions Judge and the High Court have believed the 'evidence of the prosecutrix and her father and, in our opinion, there is no reason why their: evidence should not be believed. (Para 12)
(iii) Indian Penal Code, 1860-Section 376-Rape by more than one persons Medical report Dot expressly stating the Dumber of persons who raped on prosecutrix-Prosecutrix stating them as four-Not inconsistent with medical report-High Court believing the prosecutrix-Whether correct? (Yes) (Para 13) Whether plea of false implication sustainable? (No) (Para 14)-Whether absence of injuries apart from breast establish her consent? (No) (Para 15)
JUDGMENT
Dutt, J. - these two appeals by special leave -one filed by Balwant Singh, Gurdish Singh and Nirmal Singh and the other by Saudagar Singh-are directed against the judgment of the High Court of Punjab and Haryana affirming with slight modification the order of convictions and sentences passed by the learned Additional Sessions Judge, Ludhiana. The learned Additional Sessions Judge convicted the appellants under section 366 I.P.C. and sentence each of them to undergo rigorous imprisonment for four years and to pay a fine of Rs. 100/-. The appellants were also convicted under section 376 I.P.C. and sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 2,000/- each. The High Court while affirming the said convictions and sentences directed that the sentences of imprisonment would run concurrently.
2. The prosecution case, in brief, is that on May 10, 1976 at 11.00 a.m., while Kumari Rajwant Kaur, aged about] 9/20 years and a student of B.A. Part-II of Gobind National Co1lege, Narangwal, was going to the college to collect her certificate of passing the Pre-University Examination, the appellants, who are known to her and one Atma Singh (since acquitted), forcibly took her in a car to the canal bank and there in a grove of eucalyptus trees raped her one after another. When Atma Singh was committing rape on her, she lost consciousness.
3. The further case of the prosecution was that when Kumari Rajwant Kaur did not return home until 5.00 pm., her father, Dalip Singh (P.W. 3), got anxious and started searching for her. About an hour after sunset in course of his search, Dalip Singh found his daughter, Rajwant Kaur, lying in an unconscious state under a banyan tree near the canal bridge Nobody was near her at that time. Dalip Singh, his son and his wife brought her home. In spite of medical treatment, she did not regain consciousness till one hour before dawn next day. After regaining consciousness, she narrated to her father t he entire incident.
3. Her father took her to the Police Station, Dehlon, where at 11.00 a.m. she lodged the First Information Report. At 4.30 p.m. on the same day, Dr. Gurbachan Kaur, Medical Officer, Civil Hospital, Ludhiana, examined her and found, amongst other, the following:-
(1) Vaginal Examination was possible with one finger. Vagina and cervix were healthy.
(2) Bymen was torn posteriorly. The edges of the tear were red and painful and bled on touch.
(3) Two vaginal swabs were taken and sent to the Chemical Examiner through Police for examination for semen and spermatozoa.
(4) Red abrasion 1" x 1/8" breast medial side on right
(5) Reddish abrasion 1/6" x 1/8" on 'right breast 2" above injury No.8.
(6) She complained of pain in both legs and back of neck. No visible marks of violence were found.
5. As many as four police officers including the Superintendent of Police investigated the case at different stages. They, however could not accept the truth of the version of Rajwant Kaur about the incident. It is said that on the instruction of the Superintendent of Police, the case was reported to be cancelled. Rajwant Kaur naturally felt dissatisfied with the conduct of the investigating agency of the police and herself filed a complaint in the court of the Judicial Magistrate, Ludhiana. The learned Magistrate committed the appellants and the said Atma Singh to the Court of Sessions for trial.
6. At the trial, the prosecutrix examined herself as P. W. 2. She also examined her father, Dalip Singh (P.W. 3) and Dr. Gurbachan Kaur (P.W. 1).
7. The defence of the appellants was that they had been falsely implicated in the case by Dalip Singh, the father of the prosecutrix, because he had an enmity against the appellants in connection with some litigations pending between them over the repayment of certain loans advanced by Dalip Singh to the appellants. The appellants also examined certain defence witnesses including the police: officers who had investigated the case.
8. The l
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
