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High Court Of Delhi
ZAMIR AHMED - Appellant
Versus
STATE OF DELHI - Respondent
Decided On : 02/15/1996
RAPE - CHILD WITNESS - CORROBORATION - TEST IDENTIFICATION PARADE - SENTENCE - MODIFICATION - [SECTION 376 IPC]
Fact of the Case:
The appellant was convicted and sentenced to life imprisonment for raping a 5-year-old girl. The prosecution's case was that the appellant lured the girl away from her home on the pretext of buying her sweets, took her to an under-construction building, and raped her. The girl's father testified that he saw the appellant running away from the scene and chased him down with the help of others. The girl was taken to the hospital, where she was treated for a perineal tear. The appellant denied the charges and claimed that he was falsely implicated.
Finding of the Court:
The court found that the prosecution had proved its case beyond a reasonable doubt. The court relied on the testimony of the girl, which was corroborated by the medical evidence and the testimony of her father. The court also found that the appellant's defense was not credible.
Issues: 1. Whether the testimony of a child witness can be relied upon without corroboration. 2. Whether a test identification parade was required in this case. 3. Whether the sentence imposed by the lower court was excessive.
Ratio Decidendi: 1. The court held that the testimony of a child witness can be relied upon without corroboration, provided that the child is intelligent and understands the nature of an oath. The court noted that the girl in this case was intelligent and understood the nature of an oath. 2. The court held that a test identification parade was not required in this case because the girl had identified the appellant immediately after the rape. 3. The court held that the sentence imposed by the lower court was excessive and reduced it to 10 years' rigorous imprisonment.
Final Decision: The court upheld the appellant's conviction but reduced his sentence to 10 years' rigorous imprisonment.
( 1 ) THIS appeal is directed against the judgment and order dated 13/05/1992 passed by the learned Additionalsessions Judge. Delhi where through the convict (hereinafter referred to as the appellant for the sake of convenience) was found guiltyundersection 36313661376 of the Indian Penal Code and senteencedto various terms of imprisonment. He was sentenced to undergolife imprisonment with a fine of Rs. 2,000. 00 under Section 376 ofthe Indian Penal Code. In case of his failute to clear the fine hewas directed to undergo R. I. for two years. He was further sentenced to undergo R. 1. for a term of 7 years with a fine of Rs. 1000. 00for an offence under Section ?66 of the Indian Penal Code. In caseof fine not being paid he was directed to undergo R. I. for a periodof one year under the said Section. He was then sentenced toundergo R. I. for two years under Section 363 of the Indian Penalcode All the sentences were directed to run concurrently.
( 2 ) THE case of the prosecution as set out in D. D. report No19-A (Ex. Public Witness -2/a), F. I. R. Ex. Public Witness -9/a and the report undersection 173 Criminal Procedure Code. is as under : that HC Omvir Singh (PW-13)was working as the duty constable on 10/01/1988 at R. M. L. Hospital for police station Mandir Marg. On the said date Mohdqasim (PW-4) came to- the hospital and got his daughter Km. Qaisar (PW-5) admitted in the aforesaid hospital. He thereupon apprisedthe police station of the said fact which resulted in the recording ofd. D. No. 19-A. A copy of the said D. D. report was handed overto Aandi Narain Singh (PW. 11) for the purposes of enquiry. He inconnection therewith immediately left for R. M. L. Hospital. Hecollected therefrom M. L. C. in respect of Km. Qaisar (hereinafterreferred to as the prosecutrix for the sake of brevity ). The doctordeclared the prosecutrix unfit for giving the statement. However,he also met father of the prosecutrix Mohd. Qasim (PW-4 ). He gothis statement recorded vide Ex. Public Witness -4/a. He sent the said statementto the police station for registration of a formal F. I. R. (Ex. PW-4/a) alongwith his endorsement (Ex. Public Witness -11/a) whereuponan F. I. R. was recorded vide Ex. Public Witness -4/a by the duty officer ASINarain Singh (PW-11 ).
( 3 ) MOHD. Qasim ( Public Witness -4) stated in his statement Ex. Public Witness -4/athat he was a resident of A-2/11, Sarai Khalil, Sadar Bazar, Delhi. He has been residing at the abovesaid address alongwith his familymembers i. e. his wife and children. His daughter known as Km. Qaisar (PW-5) took one rupee from him to have some sweets at8. 00 p. m. and went to the market. She returned therefrom afternearabout one-and-a half or two hours. She was crying. On beingasked as to why she was screaming she informed him that while shewas playing outside some unknown person took her inside an uninhabitedand under semi-construction quarters at Sarai Khalil. Hebeat her and ravished her. She was bleeding at that time throughher vagina. He took her immediately to the Lady Hardinge Hospital for treatment. They, however, referred her to the R. M. L. Hospital where she had been admitted. He suspected that someone hadenticed, away her daughter from outside the house and took her tosome deserted place and committed rape on her. A case under Sections 363/376 of the Indian Penal Code was registered on: the basisof this statement.
( 4 ) THE prosicutrix was discharged from R. M. L. Hospital on 19/01/1988. Subsequently, the prosecutrix was declared fitfor statement whereupon her statement was recorded on 20/01/1988.
( 5 ) THE blood-stained trouser of Km. Qaiser, her sample bloodand vaginal swab, sealed with the seal of CMO, R. M. L. Hospitalwere handed over to ASI Narain Singh who seized them vide recovery memo Ex. Public Witness -11/b. The frock of the prosecutrix. was alsoseized vide seizure memo Ex. Public Witness -6/a. All of them were sent toc. F. S. L. for chemical analysis. The reports of Chem
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