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2009 Supreme(HP) 1117
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Before
The Hon’ble Mr. Justice Kuldip Singh, Judge.
Cr. Appeal No. 54 of 2009 Date of decision : 24.11.2009
Budh Ram Versus State of Himachal Pradesh
For the appellant :Mr. Ramakant Sharma, Advocate.
For the Respondent: Mr. Anshul Bansal, Addl. A.G. with Mr. R.P. Singh, Assistant AG
The main legal point established in the judgment is the requirement for corroborative evidence or evidence of such nature which lends assurance to the statement of the prosecutrix in a rape case, and the importance of considering medical evidence in assessing the veracity of the prosecution's case.
Headnote:
rape - Section 376 IPC - [Section 376 IPC] - The court analyzed the evidence and found that there was no corroborative evidence or evidence of such nature which lends assurance to the statement of the prosecutrix. The judgment of conviction and sentence was set aside, and the accused was acquitted of the charge under Section 376 IPC.
Fact of the Case:
The appellant was convicted and sentenced for rape under Section 376 IPC based on the prosecution's case that he committed rape upon the prosecutrix. The prosecutrix sustained injuries while resisting the act, and the medical evidence indicated the presence of semen but no fresh injuries.
Finding of the Court:
The court found that there was no corroborative evidence or evidence of such nature which lends assurance to the statement of the prosecutrix. The judgment of conviction and sentence was set aside, and the accused was acquitted of the charge under Section 376 IPC.
Issues: The issues revolved around the credibility of the prosecutrix's testimony, the medical evidence, and the presence of corroborative evidence to support the prosecution's case.
Ratio Decidendi: The court emphasized the need for corroborative evidence or evidence of such nature which lends assurance to the statement of the prosecutrix in a rape case. It also highlighted the importance of considering the medical evidence and the absence of fresh injuries in assessing the veracity of the prosecution's case.
Final Decision: The appeal was allowed, the judgment of conviction and sentence was set aside, and the accused was acquitted of the charge under Section 376 IPC.
Kuldip Singh, Judge This appeal has been directed against the judgment dated 2.3.2009 passed by learned Addl. Sessions Judge, Sirmaur District at Nahan in Sessions Trial No.21-N/7 of 2007, convicting and sentencing the appellant to undergo rigorous imprisonment for seven years and to pay a fine of Rs.15,000/-, in default of payment of fine to undergo further rigorous imprisonment for a period of one year under Section 376 IPC. It has also been directed that whole fine amount, if realized, be paid to the prosecutrix.
2. The prosecution case against the appellant is that he had committed rape upon the prosecutrix on 1.6.2007 at about 4 PM at Jabiyana, Police Station Pachhad. It is the case of the prosecution that on 1.6.2007 PW-2 prosecutrix had gone to irrigate her tomatoes crop at a distance of 8 to 10 K.M. from her village Jabiyana. At about
4 P.M. when she was returning to her home, accused met her and committed forcible sexual intercourse with her. The prosecutrix sustained injuries on her back, elbow and knee while resisting the act of the accused. The prosecutrix raised alarm but due to forest area no one came to her rescue, the prosecutrix later on returned to her home. The husband of the prosecutrix was away from home and on his return prosecutrix narrated the incident to him. The prosecutrix ultimately along with husband lodged FIR Ex.PW-2/A. The prosecutrix was medically examined by PW-1 Dr. Nirmal Vais who issued MLC Ex.PW-1/A. The MLC of accused is Ex.PY. PW-5 Shyam Lal Thakur Inspector conducted the investigation who prepared site plan Ex.PW-5.B. The FSL report is Ex.PX. On completion of investigation challan was presented in the Court and the appellant was charged for offence punishable under Section 376 IPC. The accused pleaded not guilty and claimed trial. The prosecution has examined six witnesses and has also produced documentary evidence. The statement of accused was recorded under Section 313 Cr.P.C., he denied the prosecution case, but led no evidence in defence. The learned Addl. Sessions Judge convicted and sentenced the accused as noticed above. Hence, accused has come in appeal.
3. I have heard Mr. Ramakant Sharma, learned counsel for the appellant and Mr. A.K. Bansal, learned Addl. Advocate General assisted by Mr. R.P. Singh, learned Assistant Advocate General for respondent. I have also gone through the record. It has been submitted on behalf of the appellant that learned Addl. Sessions Judge has erred in convicting and sentencing the accused. The evidence has not been properly appreciated. The inference drawn by learned Addl. Sessions Judge is not possible from the material on record. The suggestions to the various witnesses by the defence have not been properly appreciated. The medical evidence does not support the case of the prosecution. There are material contradictions in the prosecution evidence. The statement of prosecutrix does not inspire confidence. It has not been appreciated that the accused has been falsely implicated in the case. The learned counsel for the appellant has submitted that on the basis of material on record the appellant is entitled to acquittal. The learned Addl. Advocate General has supported the impugned judgment and has submitted that the learned Addl. Sessions Judge has rightly appreciated the material on record while convicting and sentencing the accused.
4. In order to appreciated the contentions put forward by either side it is necessary to refer evidence which has come on record. PW-1 Dr. Nirmal Vais has stated that she had examined the prosecutrix aged 30 years on 3.6.2007 at about 6.30 PM and on examination she found the following injuries:- On Examination “No history of external injury. There is one pin point healed scar over back, scabi possible duration 7 days. Two scratches over above back of left wrist. One scratch over right elbow. Two scratches over middle of right leg below the knee. Healed burned area over left knee. Injuries seems to be pre
