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2018 Supreme(Jhk) 696
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Ratnaker Bhengra, J.
Md. Hasim – Appellant
Versus
The State of Jharkhand – Respondent
Cri. Appeal (SJ) No. 1472 of 2003
Decided On : 29-01-2018
For the Appellant : A. Allam, Sr. Adv., Ms. Priya Shreshtha and Ms. Nehala Sharmin
For the Respondent: Tapas Roy, APP
The court emphasized the importance of considering the conduct and history of the parties involved, as well as the consistency of the testimony, in determining the credibility of allegations in a rape case.
Headnote:
Rape - Criminal Appeal - Indian Penal Code Section 376 - Summary
Fact of the Case:
The victim alleged that the accused, Md. Hasim, forcibly raped her after promising marriage. The accused had a history of a failed marriage and a previous relationship, and the victim had a secret relationship with the accused for two years before the alleged incident. The victim raised the issue of marriage with the accused, who assured her, but later refused. The prosecution argued that the victim's testimony, supported by her family members, was sufficient evidence of the rape.
Finding of the Court:
The court found inconsistencies and contradictions in the victim's testimony and concluded that the allegations of rape could not be accepted in totality. The court noted that the victim's conduct indicated a consensual sexual relationship with the accused. Therefore, the court acquitted the accused of the offence under Section 376 of the IPC.
Issues: Inconsistencies in victim's testimony, history of failed relationships, and the nature of the relationship between the victim and the accused.
Ratio Decidendi: The court considered the victim's conduct, contradictions in her testimony, and the nature of the relationship between the victim and the accused to determine the credibility of the allegations of rape.
Final Decision: The appellant Md. Hasim was acquitted of the offence under Section 376 of the IPC, and the order of conviction and sentence was set aside. The appeal was allowed, and the accused was discharged from his liability of bail bonds.
Ratnaker Bhengra, J.
This criminal appeal is directed against the judgment of conviction and order of sentence dated 16.9.2003 passed by the learned Additional Sessions Judge, Fast Track Court-1, Chatra in S.T. No. 23 of 2003 whereby and whereunder the appellant has been found guilty and convicted for offence punishable under Section 376 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for 7 years.
2. The prosecution story in brief as narrated in the written report of victim (name concealed) dated 15th September, 2002 was that Md. Hasim who resided just adjacent to her house, two years ago when she was alone in her house, came in the evening and started behaving in an inappropriate manner. Subsequently, he used to write letters to her in which he expressed his love and affection towards her and expressed that if she will not reciprocate, his love then he will kill himself by consuming poison. She was, therefore, compelled to express her love for him. Thereafter the accused assured her that when he will return from Saudi Arabia, he will marry her. The accused used to send letters to her from Saudi Arab. When he returned from Saudi Arab, he again expressed his love towards the informant. The informant requested him to marry her. He assured her to marry and established physical relationship. On 09.09.2002 a letter was sent by Md. Hasim to her in the morning, wherein it was written to meet him at 11 a.m. near the power house but she could not go there. Thereafter, accused Md. Hasim came to her house and forcibly committed rape with her. The matter came to the knowledge of the people of the neighbourhood. The informant told the accused to marry her, However, Md. Hasim Assured her to get herself married to someone else and also offered her some money. Refusal of marriage by the Accused compelled the informant to file the written report before the Officer-in-Charge. Itkhori police station.
3. On the basis of the written report (Ext.-2), Itkhori P.S. Case No. 85 of 2002 under Section 376 of the Indian Penal Code was, registered. Investigation commenced, charge-sheet was filed and thereafter the case was committed to the Court of Sessions. Charges were framed under Section 376, IPC to which the accused pleaded not guilty and claimed to be tried.
4. The prosecution examined altogether 7 witnesses and also proved Ext.-1 which is the letter said to be written and sent by Md. Hasim and Ext.-5, which is the medical examination report of victim. The defence examined three witnesses and produced a copy of Ext.-1 written by accused and Ext. A, B, C, D, E, E/1, F and G.
5. The trial was held and after conclusion of the trial, learned Additional Sessions Judge, Fast Track Court-I, Chatra convicted and sentence the appellant as aforesaid. Hence, this appeal.
6. PW 2 is the victim, the informant and prosecutrix. She deposed that the occurrence is of the 9.9.2002 and her parents were not in the house at that time. The accused sent a letter in which it was written that she should meet him at 11 a.m., near the Power House and she proved this letter which was marked as Ext.-1. As she did not go accused Hasim came and in spite of her protest, he forcibly committed rape with her. However, he assured that he would marry her. She has further deposed that the accused Md. Hasim while assuring her about the marriage, used to say if she will not marry him then he will kill himself by taking poison and also threatened to entrap her parents. She further deposed that two years back when he was going to Saudi Arab, the accused committed rape with her on the assurance that he will marry with her and committed rape twice. Hasim used to visit her house and when she asked to marry her then he replied he will many her and always assured her so and had physical relationship. She informed about the matter to her parents when they returned from Hazaribag. Her parents went to the house of Hasim and informed his elder brother about the o
