The injured witness's testimony holds a special status in law, and corroborating evidence plays a crucial role in establishing guilt in criminal cases.

S.P. Garg, J.

1. Challenge in this appeal is a judgment dated 24.04.2014 of learned Addl. Sessions Judge in Sessions Case No.163/2013 arising out of FIR No.100/2013 PS Chhawla whereby the appellant – Suraj Kumar @ Suraj was held guilty for committing offences punishable under Sections 307/376 IPC. By an order dated 26.04.2014, he was sentenced to undergo RI for ten years with fine Rs.25,000/- each under Sections 307/376 IPC. The sentences were to run one after the other. The appellant was, however, awarded benefit under Section 428 Cr.P.C.

2. Briefly stated, the prosecution case as reflected in the charge-sheet was that on 09.04.2013 at around 05.00 p.m. on the side of road alongside the drain at BSF Camp, Nirmal Dham, Chhawla, the appellant inflicted injuries to ‘X’ (Assumed name) by a knife with an intention to commit her murder and deprived her of her purse containing Rs.2,000/- and a stoll. It was further alleged that the appellant also committed rape upon the prosecutrix ‘X’.

3. On 09.04.2013 at around 05.11 p.m. an information was received at Police Control Room from telephone No.8586973281 to the effect that a girl bleeding from her throat was going on foot from village Chhawla towards BSF Camp. Pursuant to it, DD No.20A (Ex.PW-2/A) came to be recorded. The investigation was assigned to SI Hari Singh who along with Const. Rajender reached the spot. He came to know that the injured has already been taken to RTRM Hospital by PCR officials. On reaching the hospital, they found ‘X’ getting treatment at the hospital; she was unfit to make statement. On perusal of the contents of the MLC and nature of injuries sustained by the victim, the Investigating Officer prepared rukka (Ex.PW-2/C) and lodged First Information Report (Ex.PW-2/B). Crime Team was called at the spot. ASI Khazan Singh, In-charge Crime Team conducted the necessary proceedings at the spot; photographs were taken; various articles lying at the spot were seized vide seizure memos (Ex.PW-21/A, Ex.PW-21/B & Ex.PW-21/C). During investigation, ‘X’ recorded her statement under Section 164 Cr.P.C. The accused was arrested and medically examined. Various exhibits collected during investigation were sent to Forensic Science Laboratory for examination. Statements of the witnesses conversant with the facts were recorded. Upon completion of investigation, a charge-sheet was filed against the accused for commission of the aforesaid offences. Vide order dated 24.07.2013, charge under Sections 307/376 IPC was framed against the accused to which he pleaded not guilty and claimed trial. In order to bring home the appellant’s guilt, the prosecution in all examined twenty-six witnesses and relied upon various documents. The incriminating evidence was put to the accused in 313 Cr.P.C. statement; no defence evidence was led. After considering the rival contentions of the parties and the evidence adduced by the prosecution, the Trial Court came to the conclusion that the appellant had committed the offences punishable under Sections 307/376 IPC and sentenced him accordingly. Being aggrieved and dissatisfied, the instant appeal has been preferred.

4. I have heard the learned counsel for the parties and have examined the file. Admitted position is that the prosecutrix and the appellant were acquainted with each other for about two years prior to the incident. Both had worked together at Dwarka and Rohini. The prosecutrix and the appellant had visiting terms at each other’s residence. Intimacy had developed between the two. The prosecutrix had even made available her SIM to the appellant for use in his mobile. It has further come on record that the prosecutrix had assisted the appellant to be a member of a chit fund committee and he had availed Rs.1 lac. This amount was used by him to purchase a motorcycle No.DL-9SAK-8314. X’s grievance was that the appellant was defaulter in making the payment in instalments and it had strained their relations. It is also not in dispute that on