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1997 Supreme(All) 1523
IN THE HIGH COURT OF ALLAHABAD
B. K. SHARMA
RAM KRISAN - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
CRIMINAL APPEAL 1345 Of 1980
Decided On : 12/23/1997
V.P.Srivastava
The testimony of a victim of sexual assault should be relied upon unless there are compelling reasons for corroboration. The age of the victim and the absence of consent make the question of consent immaterial.
Headnote:
Rape - Minor - IPC 363, 366, 376 - The judgment discusses the prosecution's case of kidnapping, abduction, and repeated rape of a minor girl. The court accepted the testimony of the prosecutrix and the medical evidence, emphasizing that the victim's age and the absence of consent made the question of consent immaterial. The judgment also highlighted the legal principle that the testimony of a victim of sexual assault should be relied upon unless there are compelling reasons for corroboration.
Fact of the Case:
The case involved the kidnapping, abduction, and repeated rape of a minor girl. The prosecutrix, a 12-13 year old, was recovered from the house of the accused after being raped over a period of 6.5 months. The accused-appellant, Ram Krishan, was convicted and sentenced to 10 years of rigorous imprisonment for the offense under Section 376 of the Indian Penal Code (IPC).
Finding of the Court:
The court found the accused-appellant guilty of the offense under Section 376 of the IPC based on the testimony of the prosecutrix, corroborated by the recovery from the accused's house and medical evidence. The court reduced the sentence from 10 years to 5 years of rigorous imprisonment.
Issues: The key issues revolved around the credibility of the prosecutrix's testimony, the recovery from the accused's house, and the medical evidence of repeated rape.
Ratio Decidendi: The court emphasized the reliability of the victim's testimony in cases of sexual assault and the immateriality of consent due to the victim's age. The judgment also highlighted the importance of corroboration in such cases.
Final Decision: The appeal was partly allowed, maintaining the conviction of the accused-appellant but reducing the sentence from 10 years to 5 years of rigorous imprisonment.
( 1 ) BY his judgment and order dated 11-6-1980 Sri S. N. Saxena, the then IIIrd Addl. District and Sessions Judge, Budaun in Sessions Trial No. 223 of 1979, State v. Ram Krishan and Rameshwar Dayal and in Sessions Trial No. 223 of 1979, State v. Ajudhya Prasad Sharma and Smt. Urmila, which were consolidated for a joint trial of all the four accused for various offences, convicted accused Rameshwar Dayal and Ajudhya Prasad for the offences under Sections 363, 366 and 376, I. P. C. and sentenced Rameshwar Dayal accused-appellant to suffer R. I. for a period of three years for the offence under Section 363, I. P. C. , R. I. for a period of six years for the offence under Section 366, I. P. C. and R. I. for a period of ten years for the offence under Section 376, I. P. C. All the sentences were ordered to run concurrently by the same judgment. He convicted accused appellant Ram Krishan for the offence under Section 376, I. P. C. and sentence him to undergo R. I. for a period of ten years for the said offence. He, however, acquitted Smt. Urmila accused appellant of the offence under Section 506, I. P. C.
( 2 ) BEING aggrieved by the same, both Ram Krishan and Rameshwar Dayal accused-appellants have preferred this Criminal Appeal No. 1345 of 1980. A separate Criminal Appeal No. 1366 of 1980 was by Ajudhya Prasad Sharma accused appellant against his conviction and sentence is at the same trial.
( 3 ) AJUDHYA Prasad Sharma accused-appellant died and consequently the appeal preferred by him was declared abated by this Court vide its order dated 24-2-1997. Rameshwar Dayal accused-appellant also died and consequently the present appeal has been declared abated to his extent by the order of this Court dated 1-12-997. So the present appeal remains only in respect of Ram Krishan accused-appellant against his conviction and sentence.
( 4 ) THE prosecutrix of this case was Km. Sarita alias Pinki. The complainant in this case was Smt. Harnandni Devi, who resided in Mohalla Chahmir in Budaun town. The prosecutrix was the grand-daughter of the real brother of the complainant. The prosecutrix originally lived with her parents in Meerut. Ram Krishan and Rameshwar Dayal present accused-appellants were real brothers inter se being sons of Shiv Lal and were residing in village Baharipur, police station Aliganj, district Bareilly. Ayodhya accused-appellant was resident of another village Himmatpur, police station Bhamora, district Bareilly.
( 5 ) THE prosecution story was as follows :the prosecutrix was a minor girl, aged about 12 or 13 years. She lived with her parents in Meerut. Her father had gone insane and her mother was unable to maintain her three children properly. She, therefore, handed over her two children to Govt. Nursing Home and was about to hand over the prosecutrix also to Govt. Nursing Home. The complainant Smt. Harnandni Devi (PW 1) out of love and affection brought her (the prosecutrix) from Meerut to Budaun and since then she had been living with her the complainant. On 18-9-1977 complainant Smt. Harnandni Devi (PW 1) gave Rs. 2. 00 to the prosecutrix and asked her to go to the market to purchase oil. The prosecutrix returned along with the oil. The complainant suspected that it was short in quantity. She enquired from the prosecutrix who, however, replied that she had purchased the oil for Rs. 2. 00. Smt. Harnandni Devi then asked her son Subhash to go to the shop keeper along with the prosecutrix and enquire from him if she had purchased the oil for Rs. 2. 00. The shop keeper told Subhash that the prosecutrix had purchased oil for Rs. 1. 75 paise only. Subhash then paid paise 25 more to the shop keeper and got the deficiency made good. Subhash then asked the prosecutrix to go home and told her that he would be reaching home after purchasing vegetables from the market. Subhash, however, on returning home found that the prosecutrix had not reached home. He and his family members, thereafter, seached in vain for he
