Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
State – Appellant
Versus
Jaswant Singh – Respondent
Cr.L.P. 452 of 2022
Decided On : 24-08-2023
Condonation of delay - Criminal Leave Petition - Code of Criminal Procedure, 1973 - IPC, 1860 - Section 378(3) of Cr.P.C., 1973 - Sections 376(2)(G)/377/341/34 of IPC, 1860
Fact of the Case:
The petitioner/State sought condonation of 75 days' delay in filing the Criminal Leave Petition against the acquittal of the accused/respondent in a case involving charges under Sections 376(2)(G)/377/341/34 of IPC, 1860. The victim, a German girl, was raped by the accused/respondent and two others in 1997. The accused/respondent fled to India and was later arrested and charged.
Finding of the Court:
The court found that the prosecution failed to prove the charges against the accused/respondent beyond reasonable doubt. The identification of the accused/respondent by the prosecutrix was deemed unreliable due to inconsistencies and lack of corroborating evidence. The court concluded that the accused/respondent was acquitted rightfully due to the lack of incriminating evidence.
Issues: The main issue was the reliability of the identification of the accused/respondent by the prosecutrix and the lack of corroborating evidence to establish his guilt beyond reasonable doubt.
Ratio Decidendi: The court's decision was influenced by the unreliable identification of the accused/respondent, inconsistencies in the evidence, and the lack of corroborating evidence, leading to the benefit of doubt being given to the accused/respondent.
Final Decision: The Criminal Leave to Appeal against the acquittal of the accused/respondent was dismissed, affirming the impugned Judgment dated 28.11.2020.
JUDGMENT (Oral)
CRL.M.A. 18977/2022 (Condonation of delay)
1. Vide the present application, the petitioner/State seeks condonation of 75 days' delay in filing the present Criminal Leave Petition.
2. For the reasons and grounds stated in the present application, the application is allowed, the delay of 75 days in filing the present Criminal Leave Petition is allowed.
3. Accordingly, the application is disposed of.
CRL.L.P. 452/2022
4. The present Criminal Leave Petition under Section 378(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as `Cr.P.C., 1973') has been filed on behalf of the petitioner/State seeking Criminal Leave to Appeal against the Judgment dated 28.11.2020 whereby the learned Additional Sessions Judge-06, Special Court, POCSO (North), Rohini Courts, Delhi acquitted the accused/respondent-Jaswant Singh @Saka of the charges punishable under Sections 376(2)(G)/377/341/34 of the Indian Penal Code, 1860 (hereinafter referred to as `IPC, 1860') registered vide FIR No. 147/2009 dated 30.08.2009 at Police Station Crime Branch.
5. The case of the prosecution is that on 02.08.1997, the victim Ms.VG, a German girl, aged 171/2 years old, missed the last Tramline from Luisenplatz to her home situated at Stadtweg Darmstadt, Germany. It was about 00:45 hours (midnight) and consequently she decided to walk back home. While she was walking, three foreigners followed her. As she reached the entrance of Herrngarten (a garden or park), the accused/respondent-Jaswant Singh (whom she had described as "Nasty Man" in her complaint) caught her and pulled her towards the garden and when she resisted, the accused/respondent slapped and raped her. The other two foreigners, who were later identified as co-accused, namely, Karan Singh and Muhammad Shahzad, kept standing on the path by the lake. After being raped by accused/respondent Jaswant Singh, co-accused Karan Singh and Muhammad Shahzad also raped the prosecutrix and also had oral sex with her. Thereafter, co-accused Karan Singh and Muhammad Shahzad raped the victim for a second time, followed by another sexual assault by the accused/respondent Jaswant Singh, who also attempted to have unnatural sex with the prosecutrix.
6. The prosecutrix reported the matter to the local police and the incident was also reported in the press.
7. On the information of one Mr. Nurteza Kilickaya, a restaurant owner in Pfungstadt, co-accused Karan Singh and Muhammad Shahzad were apprehended by the police; and later tried and convicted by the German Court.
8. The third suspect whose name was later ascertained as Jaswant Singh managed to escape to Netherlands on 13.08.1997 and arrived in India on 14.08.1997.
9. The owner of the restaurant, namely, Kilickaya, where the accused/respondent was working, identified the accused/respondent from the photograph, during TIP. The prosecutrix also identified the accused/respondent from the photograph. Mr. Kilickaya handed over the documents of the accused/respondent vide which he had sought asylum in Germany, to the police on the basis of which he could be traced in India.
10. The Embassy of Federal Republic of Germany, New Delhi sent a Verbal Note on 01.08.2002 to the Ministry of External Affairs, India regarding complicity of the accused/respondent in the aforesaid crime committed by him in Germany. The copies of the record of the case were also forwarded to the Ministry of External Affairs, India with a request to initiate criminal proceedings against the accused/respondent in India. All the Trial Court documents and the Charge Sheet along with the Order of the Court of Germany convicting the other two accused, namely, Karan Singh and Muhammad Shahzad, were sent to India via Embassy of Federal Republic of Germany, New Delhi which were then forwarded to the Delhi Police, on 23.06.2008.
11. The investigations were carried out and an FIR No. 147/2009 under Sections 376(2)(G)/377/341/34 of IPC, 1860 was registered at Police Station Crime Bran
The central legal point established is the requirement for the prosecution to prove the charges against the accused beyond reasonable doubt, including reliable identification and corroborating eviden....
The central legal point established in the judgment is the importance of reliable and consistent testimony in criminal cases, and the court's reliance on the same to determine the guilt or innocence ....
The main legal point established in the judgment is the requirement for consistent and reliable testimony, corroborative evidence, and compelling circumstances to overturn an acquittal in cases invol....
The central legal point established in the judgment is the requirement for the prosecution to establish the identity of the accused as perpetrators of the crime beyond reasonable doubt.
The prosecution failed to establish beyond reasonable doubt the charges of kidnapping and rape against the accused, as evidenced by contradictions in the victim's testimony and lack of corroborative ....
The prosecution must prove guilt beyond a reasonable doubt, and failure to identify the accused or utilize expert assistance in interpreting gestures of a disabled victim creates reasonable doubt.
The prosecution must establish guilt beyond reasonable doubt, and failure to identify the accused fatally undermines the case.
The credibility of prosecutrix's testimony is sufficient for conviction without requiring independent corroboration when circumstances support her claims.
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
