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ALLAHABAD HIGH COURT
Arvind Kumar Tripathi (II), J.
Mahesh Gupta - Appellant
Versus
State of U.P. - Respondent
Criminal Appeal No. - 1490 of 2009
Decided On : 12-05-2014
RAPE - Criminal Appeal - Section 376 IPC - [Section 376 IPC] - The court discussed the evidence on record, including the suicide note and the victim's narration before her mother, to establish the guilt of the accused appellant under Section 376 IPC. The judgment of the trial court was upheld, and the appellant's conviction was confirmed.
Fact of the Case:
The case involved the suicide of an 18-year-old victim who had allegedly been raped by the appellant. The appellant was convicted under Section 376 IPC and sentenced to 10 years RI, along with a fine.
Finding of the Court:
The court found that the prosecution had established beyond doubt that the victim was raped by the appellant, based on evidence including the suicide note and the victim's narration before her mother. The appellant's conviction under Section 376 IPC was upheld.
Issues: The issues included the delay in lodging the FIR, the credibility of the evidence, and the absence of motive for false implication.
Ratio Decidendi: The court relied on the suicide note, the victim's narration before her mother, and the viscera report to establish the guilt of the accused appellant under Section 376 IPC. The absence of motive for false implication also supported the prosecution's version.
Final Decision: The criminal appeal was dismissed, and the appellant's conviction under Section 376 IPC was confirmed. The appellant was to remain in jail to serve out the sentence awarded to him.
Hon'ble Arvind Kumar Tripathi (II), J.
1. Heard Smt. Neelam Srivastava, learned counsel for the appellant, and Shri Sharad Dixit, learned AGA for the State respondent.
2. This criminal appeal has been filed challenging the judgment and order dated 30.5.2009 passed by the learned Additional Sessions Judge/Fast Track Court No.1, Unnao in case crime no.142 of 2008, Police Station Vihar, District Unnao (State v. Mahesh Gupta) in Sessions Trial No.433 of 2008 by which the appellant was convicted under Section 376 IPC and was directed to undergo 10 years RI, and also directed to pay fine of Rs.2000/-. In default of payment of fine, he was directed to undergo three months additional RI.
3. As per factual matrix of the case, daughter of Ramesh Chandra Sharma, the victim, aged about 18 years, committed suicide by consuming poison on 12.2.2008. Information regarding committing suicide was given to police out post concerned. When a note of dying declaration was found in the papers of the deceased, FIR was lodged in Police Out Post Bhagwant Nagar, Police Station Bihar, District Unnao on 14.2.2008 by the father of deceased, at about 12.10 noon. It was mentioned in the FIR tat when inquired of the reasons of suicide he came to know that on 11.2.2008, his daughter - the victim was alone in her house. In the meantime, Mahesh Gupta, son of Mahadev Gupta entered into her house and committed rape. The victim has informed her mother on the same day in the evening, but her mother did not inform him due to fear. The victim has committed sucide on 12.2.2008 by consuming poisonous substance. Along with this FIR, suicide note written by the victim/deceased was annexed. On this, a case under Section 376 , 306 IPC was registered. During investigation suicide note was taken by the Investigating Officer. A fard Ex.Ka.2 was prepared. In order to ascertain that the hand writing on the suicide note is of the victim, a copy containing the hand writing of the victim was also taken by the Investigating Officer, and a fard Ex.Ka.4 was prepared. Post mortem was conducted. Viscera was preserved. After investigation charge under Sections 376, 306 IPC was framed. Accused pleaded not guilty and claimed to be tried.
4. Prosecution examined Ramesh Chandra Sharma as PW-1, Kusuma as PW-2, Dr. P.B.S. Chauhan as PW-3, Sub Inspector, Satyapal Pathak as PW-4, H.C.R. Narendra Bahadur Singh as PW-5, and S.I. Suresh Chandra Shukla as PW-6. The statement of accused under Section 313 Cr.P.C. was recorded in which he denied his involvement in rape, and also stated that she committed suicide due to harassment of her family members, and he has been wrongly implicated, and wrong suicide note has been prepared.
5. Learned court below, after going through the evidence on record and hearing the arguments, acquitted the accused for the charge under Section 306 IPC and convicted him under Section 376 IPC, and directed to undergo 10 years RI and also to pay fine of Rs.2000/-. Feeling aggrieved, this criminal appeal has been filed.
6. It was submitted by the learned counsel for the appellant that there is no independent witness of rape and of the fact that accused appellant entered into the house and exited from the house of victim on 11.2.2008. There is sufficient delay in lodging of report. Occurrence took place on 12.2.2008 and FIR was lodged on 14.2.2008, but there is no plausible explanation. It was further submitted that prosecution has failed to prove the case beyond reasonable doubt. Statement of other three sisters of the victim has not been recorded. Container of poison was not recovered from the possession of victim and source of procurring poision has not been proved. There is no report of hand writing expert to prove that suicide note is in the hand writing of the victim. The evidence of father is hearsay evidence and is not believable.
7. Learned AGA has opposed the appeal and submitted that viscera was sent for chemical analysis and from the report it contains aluminium
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