2016 Supreme(All) 583
ALLAHABAD HIGH COURT
BEFORE : MRS. RANJANA PANDYA, JJ.
KISHOR ....Appellant
Versus
STATE OF U.P. ….Opposite Party
(Criminal Appeal No. 3018 of 2015, decided on 31st May, 2016)
Counsel :
Salman Ahmad for the Appellant; A.G.A. for the Opposite Party.
Headnote:(Indian) Penal Code, 1860—Sections 376, 504 and 506—Rape—Conviction—Medical evidence does not support prosecution version—Statement of all witnesses are unreliable and contradictory to each other—F.I.R. was got scribed with assistance of an Advocate—And, prosecutrix has been changing her version again and again which makes her testimony unreliable and unworthy of credence—Conviction set aside.
Appeal Allowed.
Hon'ble Mrs. Ranjana Pandya,J.
1. This appeal has been preferred against the conviction and sentence passed against the order dated 30.06.2015, passed by Additional Sessions Judge / F.T.C., Jalaun at Orai, in S.T. No. 113 of 2012 (State vs. Kishor), arising out of Case Crime No. 52 of 2012, under Sections 323, 504, 506, 376 I.P.C. and S.T. No. 124 of 2012 (State vs. Nripati), arising out of Case Crime No. 52 of 2012, under Sections 323, 504, 506 I.P.C., Police Station Kotra, District Jalaun, whereby the accused Kishor was found guilty and sentenced to 10 years' rigorous imprisonment and fine of Rs. 3000/-, under Section 376 I.P.C.; 1 year rigorous imprisonment along with fine of Rs. 5000/- under Section 504 I.P.C and 7 years' rigorous imprisonment along with fine of Rs. 2000/- under Section 506 I.P.C. with default stipulation, whereas accused Kiran and Nripati were acquitted for the charges framed against them.
2. Filtering out the unnecessary details, the prosecution case in brief is that an application under Section 156(3) Cr.P.C. was moved before the C.J.M., Orai, which was directed to be registered as a criminal case and investigation was ordered. As per the application i.e. Exhibit Ka-1, the elder daughter of the informant was married in village Barsaar, Police Station Kotra, District Jalaun to Nripati son of Chaturbhuj. Three months prior to 26.07.2011, the brother-in-law (Devar) of Kiran came on motorcycle to the house of the informant and told that Kiran was seriously sick and the victim was called by her. The informant sent his 16 years' old daughter with Kishor. After that 4-5 times, the informant went to the house of his daughter but Kishor, Chaturbhuj and Ramwati did not let him meet with his daughter and did not make him to see his elder daughter too. On 10.05.2011, the informant along with Pappu Chamar, the wife of the informant Munni and Gokul went to Barsaar. At this Kishor, Chaturbhuj, Ramwati, Nirpati and Kiran told that the victim had eloped from their house. The informant and his companions heard the sound of weeping of the victim, at this, they entered the house of the accused and found the victim locked in a room. When she was taken out, the accused persons started to assault the informant and his companions. The matter was complained to the Police Station Mandichowki. Out of shyness, on that date, the victim did not told anything to anybody that she had been forcibly detained and locked in a room for 3 months and was continuously raped by Kishor for 3 months. Kishor threatened to kill the victim and also threatened to set her to fire. Whenever, she tried to raise alarm, she was shown country made pistol. The informant sent the information about complete incident by registered post to the S.P. He also himself appeared before the S.S.P., Orai, who directed the police personnel of Police Station, Kotra to look into the matter. On 17.05.2011, when the informant along with his daughter and other companions reached the Police Station, Kotra, he was told that the case would be registered and the accused persons would be arrested on the next day. The informant received a telephone call stating that he should bring the victim to the police station and the accused had been arrested. On 19.05.2011 at 10:00 A.M., the informant along with his wife, victim and many other people went to the police station. The incharge of the police station pressurized the informant to compromise the matter. The informant and his companions were badly beaten and the caste relating abusive words was also uttered and he was forced to sign the compromise written by his son-in-law Nripati. The police personnel forcible put the thumb impressions of the mother of the victim namely Munni on the compromise letter. The victim and the informant were also forced to put their signatures on the compromise letter and they were threatened that if they would proceed with the matter then many cases would be slapped on them. There were many p