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2010 Supreme(P&H) 282
PUNJAB & HARYANA HIGH COURT
Satish Kumar Mittal and Jora Singh JJ.
Kashmir Singh
Versus
State Of Punjab
Criminal Appeal No. 358-DB of 2002,
Decided On : JANUARY 13, 2010
The main legal point established in the judgment is that delay in lodging the FIR should be scrutinized with great care and caution, and that such delay alone is not sufficient for the acquittal of the accused.
Headnote:
Delay in lodging FIR - Criminal Law - Sec.302, Sec.376 IPC - The court discussed the delay in lodging the FIR and the absence of evidence supporting the claim of party faction in the village. The court emphasized that delay alone is not sufficient for the acquittal of the accused and scrutinized the evidence with great care and caution. It concluded that there was no ground to interfere in the impugned judgment.
Fact of the Case:
The case involved the conviction of the appellant, Kashmir Singh, under Sec.302 and Sec.376 IPC for the rape and murder of a three-year-old girl. The prosecution's case was based on the report of the girl's disappearance, the discovery of her dead body, medical evidence of rape and murder, and an extra-judicial confession made by the accused.
Finding of the Court:
The court found that the delay in lodging the FIR was explained and not unreasonable. It also rejected the claim of party faction in the village, emphasizing that there was no evidence to support this allegation. The court concluded that the evidence was rightly scrutinized by the trial court and found no ground to interfere in the impugned judgment.
Issues: The issues included the delay in lodging the FIR and the allegation of party faction in the village, which were raised by the appellant's counsel. The court carefully considered these issues and found them unsubstantiated.
Ratio Decidendi: The court emphasized that delay in lodging the FIR alone is not sufficient for the acquittal of the accused and that such delay should be scrutinized with great care and caution. It also highlighted the importance of evidence and the lack of supporting evidence for the claim of party faction in the village.
Final Decision: The appeal filed by the appellant was dismissed, and the court upheld the conviction under Sec.302 and Sec.376 IPC.
JORA SINGH, J.
1. The aforesaid two appeals have been filed by appellant Kashmir Singh against his conviction, one filed through his counsel and second through jail.
2. Crl. Appeal No.523-DB of 2001 was filed by Kashmir Singh impugn the judgment dated 6.8.2001 rendered by Sessions Judge, Jalandhar and Crl. Appeal no.358-DB of 2002 was also filed by Kashmir Singh through jail to impugn the same judgment. By the judgment dated 6.8.2001, Kashmir Singh was convicted under Sec.302 and Sec.376 IPC. Under Sec.302 IPC, Kashmir Singh was directed to undergo life imprisonment and to pay a fine of Rs.10,000/- and in default of payment of fine, he was further directed to undergo RI for a period of six months. Under Sec.376 IPC, appellant was directed to undergo ri for a period of 10 years and to pay a fine of Rs.5000/-. In default of payment of fine, he was further directed to undergo RI for a period of three months. Both the substantive sentences were ordered to run concurrently. Out of fine recovered, an amount of Rs.10,000/- was ordered to be paid to Lal Singh, father of the deceased.
3. Prosecution story, in brief, is that Lal Singh alias Lali on 16.10.1999 at 8:15 a. m reported the matter to police party headed by ASI gurmail Singh while present near chowk Pokhaiwal to the effect that he is the resident of Village Sangowal. He has two sons and one daughter namely Lado, aged about three years. On 15.10.1999 at about 11:00 a. m, Lado had gone outside the house for playing. At that time, she was wearing a shirt and salwar. But she failed to return till evening. They had made an effort to trace Lado but she was not traceable. Announcements were made through public address system by Mohinder Singh Granthi in village Sangowal and also in the adjoining villages. Today at 6:30 a. m, he along with his brother Chhota Lally, Piara Singh and Sukhdev Singh while searching for his daughter Lado were present near the electric motor of kaul Dass of village Lidhran Kalan. Then they sighted Kashmir Singh alias Pappi while wrapping a chadar and concealing something in the fold of the chadar. They enquired from Kashmir Singh as to what he was concealing, then Kashmir singh threw the dead body of a child in the heap of manure and fled away from the spot. They tried to apprehend him but failed. After going near the dead body, the same was found to be of Lado. There was only a shirt on the person of lado with a string around her neck. After committing rape, he had murdered lado and threw her dead body on the heap of manure. Chhota Lally, Piara Singh and Sukhdev Singh were deputed to guard the dead body. Lal Singh alias Lally and Kundan Singh, Sarpanch had gone to the Police Station to lodge report. Near Phokhaiwal Chowk, police had met the complainant. Statement of Lal Singh was recorded which was signed by him after admitting the same to be correct. After making endorsement at 8:15 a. m on 16.10.1999, statement was sent to the police Station on the basis of which, formal FIR was recorded.
4. Asi, Gurmail Singh along with the party had gone to the place of occurrence. Photographs of the dead body were got clicked. Inquest report was prepared. Dead body was sent to hospital for post mortem examination. Rough site plan with correct marginal notes was prepared. Statements of the witnesses were recorded. Raid was conducted to apprehend the accused but house of the accused was found locked. Near chowk pokhaiwal, SHO Kashmir Singh along with the accused had met the party of ASI, gurmail Singh. On return to the police station, case property was deposited with the MHC. On 19.10.1999, accused was interrogated by the SHO. Accused suffered disclosure statement that he has kept concealed blood stained salwar and blood stained gunny bag underneath the bricks which are lying in the courtyard of his house. Disclosure statement of the accused Ex. PX was recorded which was attested by the witnesses. In pursuance of the disclosure statement, accused got recovered on
