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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
P.S. Rana, J.
Sunil Kumar @ Sonu - Appellant
Vs.
State of H.P. - Respondent
Cr. Appeal No. 4231 of 2013
Decided on : 15-07-2015
RAPE - MINOR - Registration of Births and Deaths Act 1969, Section 12/17 - The court affirmed the judgment and sentence passed by the trial court. The court found the testimony of the minor prosecutrix to be trustworthy and reliable, and held that there was no reason to disbelieve her testimony. The court also relied on the birth certificate issued under the Registration of Births and Deaths Act 1969, which proved that the prosecutrix was a minor at the time of the incident. The court rejected the appellant's submissions, including the lack of corroboration of rape, bias in the investigation, and inadmissibility of FSL reports.
Fact of the Case:
The prosecution alleged that the accused, along with his mother and maternal uncle, committed rape on the prosecutrix, who was a minor at the time of the incident. The prosecutrix became pregnant, and the DNA report confirmed that the accused was the biological father of the child.
Finding of the Court:
The court found the testimony of the minor prosecutrix to be trustworthy and reliable, and held that there was no reason to disbelieve her testimony. The court also relied on the birth certificate, which proved that the prosecutrix was a minor at the time of the incident. The court rejected the appellant's submissions, including the lack of corroboration of rape, bias in the investigation, and inadmissibility of FSL reports.
Issues: The issues included the credibility of the prosecutrix's testimony, the age of the prosecutrix at the time of the incident, the lack of corroboration of rape, and the conduct of the investigation.
Ratio Decidendi: The court relied on the testimony of the minor prosecutrix, the birth certificate, and the DNA report to establish the guilt of the accused. The court also emphasized that corroboration in rape cases is not necessary for conviction if the testimony of the victim is trustworthy and reliable.
Final Decision: The appeal filed by the appellant was dismissed, and the judgment and sentence passed by the trial court were affirmed. The court held that the trial court had properly appreciated the evidence and that the appellant's submissions were devoid of force.
P.S. Rana, J.
Present appeal is filed against judgment and sentence passed by the learned Sessions Judge Mandi H.P in Sessions Trial No. 28 of 2012 titled State of HP Vs. Sunil Kumar decided on 15.6.2013.
BRIEF FACTS OF THE PROSECUTION CASE:
2. It is alleged by prosecution that accused along with his mother Meera Devi and Dila Ram used to reside in the house of maternal aunt namely Smt. Nimo Devi at village Sudhrani in the year 2011. It is further alleged by prosecution that prosecutrix is the younger daughter of Smt. Nimo Devi. It is further alleged by prosecution that prosecutrix was born on dated 12.5.1997. It is further alleged by prosecution that in the month of January/February 2011 accused committed rape upon prosecutrix thrice by way of gagging her mouth when prosecutrix was sleeping with her maternal uncle, accused and mother of accused. It is further alleged by prosecution that thereafter accused threatened prosecutrix that he would eliminate prosecutrix in case she would narrate the incident to anybody. It is further alleged by prosecution that on dated 6.8.2011 when prosecutrix came back from school she was having stomach pain. It is further alleged by prosecution that thereafter mother of prosecutrix took prosecutrix to medical officer where medical officer detected pregnancy of prosecutrix of about six months. It is further alleged by prosecution that thereafter prosecutrix disclosed whole matter to her mother and thereafter mother of the prosecutrix filed a complaint before police officials Ext PW6/A. It is further alleged by prosecution that thereafter FIR No. 106 Ext PW10/A was registered. It is further alleged by prosecution that thereafter investigating officer filed application for medical examination of prosecutrix and thereafter prosecutrix was medically examined on dated 8.8.2011 vide MLC Ext PW5/B. It is further alleged by prosecution that investigating officer visited spot and prepared site plan Ext PW17/C. It is further alleged by prosecution that prosecutrix produced one bed sheet Ext P3 which was took into possession vide seizure memo Ext PW7/A. It is further alleged by prosecution that birth certificate of prosecutrix Ext PW2/B was obtained. It is further alleged by prosecution that prosecutrix was born on dated 12.5.1997. It is further alleged by prosecution that prosecutrix delivered a female child on dated 16.10.2011. It is further alleged by prosecution that application was moved before Medical Superintendent Zonal Hospital Mandi with the request to preserve blood samples of prosecutrix as well as her newly born child for DNA profiling. It is further alleged by prosecution that x-ray of the prosecutrix was also conducted and x-ray films are Ext PW4/A to Ext PW4/E. It is further alleged by prosecution that ultra sound of prosecutrix was also conducted and ultra sound films are Ext PW8/A to Ext PW8/C and report of Dr.Jyoti Vaidya is Ext PW8/G. It is further alleged by prosecution that sealed parcels were deposited in FSL Junga vide RC No. 47 of 2012. It is further alleged by prosecution that four sealed parcels were sent to RFSL Gutkar vide RC No.15 of 2012. It is further alleged by prosecution that accused was also medically examined at Zonal Hospital Mandi and his MLC report is Ext PW18/A. It is further alleged by prosecution that application Ext PW18/B was filed before Medical Superintendent Zonal Hospital Mandi for preserving blood sample of accused and DNA profiling. It is further alleged by prosecution that investigating officer moved application before Principal Government High School Sudhrani for supply of birth certificate of prosecutrix. It is further alleged by prosecution that FSL report Ext PA placed on record. It is further alleged by prosecution that as per DNA report Ext PZ accused is biological father of newly born children from prosecutrix. Charge was framed against acc
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