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PUNJAB & HARYANA HIGH COURT
Tek Chand, J.
Arjan Ram Naurata Ram
Versus
State
Criminal Appeal No. 872 of 1959,
Decided On : NOVEMBER 5, 1959
RAPE - SECTION 376, INDIAN PENAL CODE - CONSENT - ABSENCE OF INJURIES - INTERPRETATION - CONVICTION UPHELD.
Fact of the Case:
Arjan, a foot constable, was convicted of rape under Section 376 of the Indian Penal Code for assaulting Mst. Jhanjo in a sugarcane field. The accused and his two companions, also in police uniforms, had been following and pestering Mst. Jhanjo, who was returning home with her daughter. They threatened her with beatings and forcibly took her into the field, where they took turns raping her.
Finding of the Court:
The court found that the accused's guilt was established beyond reasonable doubt, despite the absence of injuries on the victim or the accused. The court held that Mst. Jhanjo's submission was not a free and voluntary consent but rather an act of helpless resignation in the face of fear and duress.
Issues: 1. Whether the absence of injuries on the victim or the accused implied consent. 2. Whether Mst. Jhanjo's submission to the accused's sexual advances constituted free and voluntary consent.
Ratio Decidendi: The court relied on the principle that consent, in the context of rape, requires voluntary participation and the exercise of intelligence and free will. The court held that Mst. Jhanjo's submission was not a free and voluntary consent but rather an act of helpless resignation in the face of fear and duress.
Final Decision: The court upheld the accused's conviction and sentence of two years rigorous imprisonment.
1. Arjan has preferred an appeal to this Court from his conviction and sentence under Section 376, Indian Penal Code. The trial Court has sentenced him to undergo rigorous imprisonment for two years for having committed the offence of rape against Mst. Jhanjo P.W. 1 of village Nasirpur in District Gurgaon.
2. The accused was a foot constable. The facts of this case are that Mst. Jhano, aged 30 years, was returning from village Hathin to her village Nasirpur and was accompanied with her minor daughter aged 4 years. The accused in police uniform and two companions of his, who were also in police uniform, were seen coming by her at the Railway Station Sholaka which fell on her way. On overtaking her, they said that she was a vagrant which allegation her, they said that she was a vagrant which allegation she denied and told them that she was coming from village Hathin after having met her relations and was proceeding to her own village.
They kept on walking beside her and went on pestering her with questions on the way. She then took path leading to her village along the canal bank and she passed by some men who were busy extricating bullocks which had got stuck in the marshy ground. After she had covered some more distance and was passing along a sugarcane field, the her asked her to pull a sugarcane from the field for her daughter but she declined to do so.
They then verbally threatened her with beating with the dandas which they were carrying and the companions of the accused forcibly took her in the sugarcane field. The accused remained outside with her little daughter. She tried to raise alarm but her mouth was plugged and both the constables, in turn, committed rape on her. Then the accused also went inside the sugarcane field and he too committed rape on her. In the meanwhile the accused was surprised by two men. They caught hold of the accused before he was able to tie his belt but his other two companions made good their escape. Mst. Jhanjo narrated the occurrence to these men. The accused was taken to village Sewli where Inspector of Police was camping. Mst. Jhanjo gave her statement to the Inspector who recorded it and it is Exhibit P. A. He also took into possession the dhoti and the petticoat which were found to be stained with semen. The accused was also handed over to the Inspector who put him under arrest.
3. The prosecution case is supported by the statements of P.W. 4, Ram Parshad, a clerk in the Army Training Battalion, and a resident of village Serai Katela, and of p. W. 5 Kishan Lal, who belongs to the same village. These two witnesses stated that they and some others were trying to extricate a bullock that had got stuck in the mud near their field. A Meo woman passed by them and at her instance they went to the sugarcane field. On their arrival, two police constables, who were wearing police uniform ran away, but they secured the accused while he was adjusting his clothes and fastening his belt. These two witnesses saw the accused getting up from the ground while Mst. Jhanjo was lying there and she also sat up. She was weeping at that time. The prosecution witnesses did not hear any alarm being raised by her. She immediately narrated the incident to the prosecution witnesses and told them how the accused and his companions had been pestering and following her and what they did to her in the sugarcane field.
4. The accused in his defence has denied the allegations and stated that he and his two companions were on guard duty at the Railway Station Sholaka on 22nd of November, 1958. After the completion of their duty, they were waiting for some truck to take them to Palwal. His companions left him. After about fifteen minutes some Gujjars of Serai Katela came to him and inquired of him the names of the two companions and he told them that he did not know their names. On this the Gujjars took him to village Sewali and handed him over to the Inspector of Police present there. When he made his statement und
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