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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Sandeep Mehta, Farjand Ali, JJ.
Shankar – Appellant
Versus
State Of Rajasthan – Respondent
D.B. Criminal Appeal No. 574/2014
Decided On : 13-09-2022
Rape - Criminal Law - Section 323 IPC, Section 354 IPC, Section 376 IPC - The judgment discusses the offenses under Sections 323, 354, and 376 of the Indian Penal Code. It highlights the evidence of brutal sexual assault upon the minor daughter by the appellant, supported by medical examination and witness testimonies. The court's decision is influenced by the wholesome and convincing evidence, corroborating the victim's statement and medical reports.
Fact of the Case:
The appellant was convicted for subjecting his minor daughter to brutal sexual assault and was sentenced to imprisonment. The case revolved around the appellant's alleged rape and assault on his daughter, as reported by the victim and supported by medical evidence. The appellant appealed against the conviction.
Finding of the Court:
The court found the evidence of the victim to be truthful and beyond doubt, corroborated by witness testimonies and medical reports. It rejected the appellant's defense and upheld the conviction and sentencing by the trial court.
Issues: The issues revolved around the credibility of the victim's testimony, the defense's claims of false implication, and the sufficiency of evidence to prove the appellant's guilt.
Ratio Decidendi: The court relied on the victim's consistent and detailed testimony, supported by witness statements and medical evidence, to establish the appellant's guilt. It emphasized the lack of merit in the defense's claims and affirmed the trial court's decision.
Final Decision: The appeal was rejected, and the trial court was directed to forward the case for compensation under the Victim's Compensation Scheme.
JUDGMENT
Sandeep Mehta, J. - The appellant herein has been convicted and sentenced as below judgment dated 03.10.2013 passed by the learned Additional Sessions Judge, Nimbahera, District Chittorgarh in Sessions Case No. 35/2012:
Offences | Sentences | Fine | Fine Default sentences |
Section 323 IPC | 1 Year's R.I. |
|
|
Section 354 IPC | 2 Years' R.I. | Rs. 5000/- | 6 Years' Additional Imprisonment |
Section 376 IPC | Life Imprisonment | 1,00,000/- | 2 Years' Additional Imprisonment |
All the substantive sentences were ordered to run concurrently. | |||
2. Being aggrieved of his conviction and sentences, the appellant has preferred the instant appeal under Section 374(2) Cr.P.C.
3. Brief facts relevant and essential for disposal of the appeal are noted herein below:-
As per the allegations set out in the written report (Ex. P/4) lodged by PW-5 Shri Jagannath (father of the appellant) at Police Station Nimbahera, the appellant herein was embroiled in a matrimonial strife with his wife Smt. Bhairi Bai who had lodged a case of demand of dowry against the appellant and was living at her father's house. Shankar used to live alone and would cook his own food. His minor daughter Mst. 'S' aged 14 years and minor sons Master 'R' and Master 'P', aged 6-7 years, would sometime stay with the complainant and also used to occasionally visit the house of the appellant. On 27.04.2012, Mst. 'S had gone to the house of Shankar but she did not return on which, the complainant went there and saw 'S' lying unconscious inside the room. Numerous marks of violence were visible all over the body of 'S' including the eyes, cheeks, hand, back and chest. The complainant and his wife Smt. Bagdi Bai picked up Ms. 'S' and took her to the Government Hospital, Nimbahera. It was alleged that Shanker had assaulted Mst. 'S' and had also outraged her modesty. 'S' had not regained senses till the time of lodging of the report.
On the basis of this written report, FIR No. 275/2012 (Ex. P/13) came to be registered at the Police Station, Nimbahera for the offences punishable under Sections 323 and 354 IPC and investigation was commenced. The child victim was medically examined by Dr. Dayal Wadwani (PW-10) who issued the Medico Legal Report (Ex. P/11) taking note of the following injuries on her person:
| S. No. | Particulars |
| 1. | Contusion 2x1 cms. on upper region of right eye. |
| 2. | Contusion 2x1 cms. on upper region of left eye. |
| 3. | Contusion 3x1 cms. on upper part of right arm. |
| 4. | Contusion 2x1 cms. on upper part of left arm. |
| 5. | Abrasion (At three places) 1/2 x 1/2 cms. on right hand. |
| 6. | Abrasion (At four places) 1/2 x 1/4 cms on left arm. |
| 7. | Abrasion (teeth mark) 3x2 cms. near the right nipple |
| 8. | Contusion 4x3 cms. on right thigh 9. Contusion 3x2 cms. on left knee. |
Contusion 4x3 cms. on right thigh 9. Contusion 3x2 cms. on left knee.
The doctor stated that the victim was unconscious at the time of medical examination and the consent of her mother was taken to conduct the medical examination. Dr. Nitin Mali (PW-11) examined the victim for marks of sexual assault and took note of the fact that her hymen was freshly torn and contused. The doctor gave the report (Ex. P/12) with a categoric opinion that the victim had been subjected to sexual assault.
The victim Mst. 'S' regained senses and her statements were recorded under Sections 161 Cr.P.C. as well as 164 Cr.P.C. wherein, she categorically stated that her father called her to his house on the pretext of preparing food. She cooked food for him. Thereafter, her father switched on the T.V. Her two younger brothers were sent out of the house under the guise of bringing biscuits. Thereafter, her father shut the door, forcefully disrobed her, removed his own clothes and then subjected her to sexual assault. She was brutally beaten. When she shouted, her father increased the volume of the T.V
The main legal point established is the reliance on credible and corroborative evidence, including victim testimony and medical reports, to establish guilt in cases of sexual assault and rape.
The court established that a victim's testimony in sexual assault cases must be credible and supported by medical evidence to sustain a conviction.
A conviction for sexual assault requires consistent, corroborated testimony from the victim and relevant evidence, especially when minors are involved, highlighting the importance of protecting vulne....
As per Section 9(m) of Act, whoever commits sexual assault on a child below twelve years will come under definition of aggravated sexual assault.
The main legal point established in the judgment is the reliance on the victim's testimony, medical evidence, and witness statements to establish the guilt of the accused in a case of sexual assault ....
The main legal point established in the judgment is the reliance on the consistency and reliability of the victim's testimony, the absence of prevarication, and the corroboration of evidence to estab....
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