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2022 Supreme(P&H) 1892
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sureshwar Thakur, Kuldeep Tiwari, JJ.
Sonu Kumar – Appellant
Versus
State Of Punjab – Respondent
CRA-D-871-DB-2014 (O&M)
Decided On : 30-11-2022
Mr. V.S. Rana, Advocate Legal Aid Counsel, for the Appellant; Ms. Monika Jalota, Sr. Dag, Punjab, for the Respondent.
The credibility of witness testimony and the weight given to the prosecutrix's initial statement were central to establishing the appellant's guilt.
Headnote:
rape - conviction under Sections 376 and 506 IPC - [AGE OF PROSECUTRIX, SEXUAL ASSAULT, APPELLANT'S GUILT] - [Sections 376, 506 IPC] - The court examined the age of the prosecutrix, the occurrence of sexual assault, and the appellant's guilt. The age of the prosecutrix was established through a school leaving certificate and medical examination. The court found evidence of sexual assault based on medical reports and witness statements. Despite the prosecutrix changing her testimony, the court concluded that the appellant committed the rape.
Fact of the Case:
The appellant, a stepfather, was convicted for raping his 8-year-old stepdaughter. The prosecutrix initially accused the appellant but later changed her testimony. The court examined the age of the prosecutrix, occurrence of sexual assault, and the appellant's guilt.
Finding of the Court:
The court found the prosecutrix's initial testimony credible and concluded that the appellant committed the rape. Despite the prosecutrix changing her testimony, the court upheld the conviction.
Issues: Age of prosecutrix, occurrence of sexual assault, appellant's guilt
Ratio Decidendi: The court relied on medical evidence, witness statements, and the prosecutrix's initial testimony to establish the appellant's guilt.
Final Decision: The court dismissed the appeal and affirmed the judgment of conviction and sentence passed by the trial court.
JUDGMENT
Kuldeep Tiwari, J. - The present appeal has been directed against the verdict of conviction dated 19.10.2013 and the order of sentence dated 21.10.2013 passed by the learned Additional Sessions Judge, Ludhiana, in case FIR No.127 of 19.06.2012, registered under Sections 376 and 506 IPC at Police Station Salem Tabri, District Ludhiana, whereby the appellant was convicted for the offence punishable under Sections 376 and 506 IPC and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.20,000/- for offence punishable under Section 376 IPC and further, rigorous imprisonment for a period of one year and to pay fine of Rs.5,000/- for committing the offence punishable under Section 506 IPC. Both these sentences were ordered to run concurrently.
FACTUAL MATRIX
2. The appellant before this Court is a stepfather, who has been charged for committing rape upon his 8 year minor stepdaughter. The criminal machinery was set rolling by one Gopal Morya (PW3), who got recorded his statement on 19.06.2012 to A.S.I. Ashwani Kumar (PW6) to the effect that one girl (name is withheld in view of provision of Section 228(A) of IPC) (hereinafter referred to as the 'prosecutrix'), whose parents are residing at Vehra as tenants, where his workers Deepak and Munna are also residing as tenants, came to him and weepingly informed him that on 18.06.2012, at about 02:00 p.m., her stepfather Sonu Kumar, the appellant herein, entered into her room and closed the door from inside and then committed rape with her by giving threat to kill her with knife. As a result of this, blood started oozing out from internal part of her body. Upon such statement being made by Gopal Morya (PW3), the aforesaid FIR was registered against the accused, whereafter, the Investigation Officer proceeded with the investigation and got the prosecutrix medico-legally examined and also got her statement recorded under Section 164 Cr.P.C. before the Illaqa Magistrate. The accused was arrested, who was also medico-legally examined. After completion of investigation, the Final Report under Section 173 Cr.P.C. was filed before the concerned Illaqa Magistrate. Finding the case exclusively triable by the court of Sessions, the learned Illaqa Magistrate committed the case to the court of Sessions vide order dated 01.02.2015.
PROCEEDINGS OF TRIAL COURT
3. The accused was charge-sheeted for commission of offence punishable under Sections 376 and 506 IPC. The prosecution, in order to prove its case, has examined as many as 9 witnesses and apart from various other documentary evidences, the prosecution has also proved on record the medico-legal report of prosecutrix as well as her school leaving certificate. The learned trial Court, after relying upon the statement of prosecutrix and complainant Gopal Morya (PW3), held the appellant guilty for committing the offence punishable under Sections 376 and 506 IPC. Aggrieved against this finding of conviction recorded by the learned Additional Sessions Judge, Ludhiana, the present appeal has been preferred at the instance of the appellant.
4. With the able assistance of both the learned counsels, this Court examined the entire record and the judgment passed by the learned trial Court. The entire case as put forth by the prosecution primarily revolves upon the statements of prosecutrix, examined as PW2, as well as the statement of complainant Gopal Morya, examined as PW3. After going through the entire record, this Court has culled out the following issues for adjudication:-
(a) Age of prosecutrix.
(b) Whether the prosecutrix was subjected to sexual assault?
(c) Whether the appellant Sonu Kumar committed sexual assault upon the prosecutrix?
5. An in-depth discussion over afore three issues runs in the following paragraphs.
(a) Age of prosecutrix.
6. In order to prove the age of prosecutrix, the prosecution examined A.S.I. Ashwani Kumar as PW6, who was the Investigation Officer. During the course of investigation, he took into possession th
