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ALLAHABAD HIGH COURT
Vishnu Chandra Gupta, J.
Roop Kishore - Appellant
Versus
State of U.P. - Respondent
Criminal Appeal No. - 1080 of 2006
Decided On : 17-01-2015
Rape - Age of Prosecutrix - Section 376 IPC - [FIR, Section 164 Cr.P.C, Medical Examination, School Register] - The court examined the age of the prosecutrix and her consent in a case of alleged rape. The court found discrepancies in the evidence regarding the age of the prosecutrix, with the school register indicating an age above 16 years, and medical examination reports suggesting an age between 16-17 years. The court also found inconsistencies in the prosecutrix's statements, leading to doubts about her credibility. The court criticized the police investigation for its failure to collect the viscera report and raised suspicions about the motives of the investigating officers. Ultimately, the court held that the prosecution failed to establish the guilt of the appellant beyond reasonable doubt, leading to the acquittal of the appellant.
Fact of the Case:
The case involved an appeal against the conviction and sentence of the appellant under Section 376 IPC for the alleged rape of the prosecutrix. The case was peculiar as it was based on the statement of the prosecutrix recorded in connection with the suspected murder of her father, with no FIR lodged regarding the alleged offence of rape. The prosecutrix was suspected in the murder of her father, and the case was registered based on her statement. The court examined the age of the prosecutrix, her statements, and the police investigation to determine the guilt of the appellant.
Finding of the Court:
The court found discrepancies in the evidence regarding the age of the prosecutrix, with the school register indicating an age above 16 years, and medical examination reports suggesting an age between 16-17 years. The court also found inconsistencies in the prosecutrix's statements, leading to doubts about her credibility. The court criticized the police investigation for its failure to collect the viscera report and raised suspicions about the motives of the investigating officers. Ultimately, the court held that the prosecution failed to establish the guilt of the appellant beyond reasonable doubt, leading to the acquittal of the appellant.
Issues: The key issues in the case revolved around the age of the prosecutrix, her consent, and the reliability of her statements. The court also raised concerns about the police investigation and the motives of the investigating officers.
Ratio Decidendi: The court's decision was influenced by the discrepancies in the evidence regarding the age of the prosecutrix, inconsistencies in her statements, and doubts about the credibility of the police investigation. The court emphasized the need for the prosecution to establish guilt beyond reasonable doubt, which it found lacking in this case.
Final Decision: The appellant was acquitted of the charges levelled against him, and the court ordered the cancellation of his bail bonds and discharge of sureties. The court also directed the compliance of its order by the trial court and the registrar of the court without further delay.
Vishnu Chandra Gupta,J.
This criminal appeal under Section 374(2) Cr.P.C. is directed against the judgement and order dated 25.5.2006 passed by the Additional District Judge, FTC -VIII, Lucknow in Sessions Trial No. 371 of 1995 relating to case crime no. 167 of 1990 under Section 376 IPC P.S. Itaunja, District Lucknow, whereby sole appellant Roop Kishore was convicted and sentenced under section 376 IPC with rigorous imprisonment of seven years and fine of Rs. 5000/-, in default of payment of fine he was further directed to undergo additional imprisonment of one year.
2. It is peculiar case of its own where no First Information Report (For short ''FIR') regarding commission of offence has been lodged and case has been registered on the basis of statement of Km. Saroj recorded in connection with suspected murder of Ram Chandra, who was her father. Km. Saroj was a suspected accused in murder of her own father.
3. Brief facts for deciding this criminal appeal are that Ram Chandra, the father of prosecutrix Km. Saroj was admitted in Balrampur Hospital, Lucknow on 17.5.1990 as a case of suspected poisoning where he died. After his death, the hospital authority i.e. Dr. O.P. Srivastava. EMO informed the Station Officer, P.S. Wazirganj, District Lucknow by sending a memo on 18.5.1990 that a patient Ram Chandra aged about 35 years, son of Late Bhairav Prasad, resident of Basaina, P.S. Itaunja, District Lucknow was admitted in emergency ward bed no. 17 of Balrampur Hospital, Lucknow as a case of suspected poison, on 17.5.1990 at about 11.10 p.m. He expired due to respiratory failure at 3.45 P.M. at Barlampur Hospital, Lucknow. His dead body was kept in mortuary. The deceased was brought by one Vikram son of Ram Asrey having the same address. On the basis of this information, a report was registered in Police Station- Wazirganj, District Lucknow at 7.10 a.m. in General Diary No. 11 as a case of suspected poisoning. After conducting inquest, the post mortem was done. When cause of death could not be ascertained, viscera was preserved and sent for chemical examination. This case was registered on the basis of information, but no crime number was allotted because the death of Ram Chandra could not be ascertained. However, the police after registering the information took a decision to investigate the matter. After investigation of the matter, it was found that cause of death could not be ascertained and the matter was closed. During the course of investigation, this fact was revealed that accused appellant Roop Kishore was having sexual relation with Km. Saroj. When this sexual relation came to the knowledge, Ram Chandra, the father of prosecutrix raised protest. During the course of investigation the statement of Km. Saroj was recorded under section 161 Cr.P.C by SI T.C. Gautam (P.W. 6) wherein she admitted her illegitimate relation with appellant, a resident of same village. She also stated that earlier appellant had committed sexual intercourse upon her 4-5 times and both were intending to marry. When her father came to know about it, he stopped her to meet appellant. He also threatened her that if she will meet appellant, she will be cut into pieces. Thereafter appellant and prosecutrix both have made criminal conspiracy to eliminate Ram Chandra. Appellant purchased poison and gave to her (Km. Saroj.) She mixed the poison in wine and gave to her father. Thereafter her father Ram Chandra died. The statement of Km. Saroj was also recorded under section 164 Cr.P.C., on 7.7.1990, wherein she stated that she used to come with appellant to Itaunja for study. She was intending to marry with him, but her father had an objection. Her father extended threats to kill both about 2-3 month ago. Thereafter hot talk took place in between Ram Chandra and appellant. She also stated that when she was remained alone in house, the appellant came to her house and committed sexual intercourse with her. Before learned Magistrate she disowned her stateme
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