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2016 Supreme(All) 3153
ALLAHABAD HIGH COURT
Arvind Kumar Mishra-I, J.
Bhurdul @ Guddu - Appellant
Versus
State of U.P. - Respondent
Criminal Appeal No. 197 of 2012
Decided On : 10-05-2016
The testimony of the victim in cases of rape or sexual assault, if consistent and inspiring confidence, can be the sole basis of conviction.
Headnote:
Rape - Criminal Law - Sections 376, 377, 506 IPC - The judgment discusses the allegations of rape on a 7-year-old victim, the medical examination, and the corroborating evidence. The court upheld the conviction under Sections 377 and 506 (II) IPC.
Fact of the Case:
The case involved the appeal of a conviction under Sections 376, 377, 506 IPC arising from an incident of alleged rape of a 7-year-old victim. The victim's mother reported the incident to the police after facing initial reluctance from the authorities.
Finding of the Court:
The court found the testimony of the victim to be consistent and corroborated by medical evidence, leading to the conviction of the appellant under Sections 377 and 506 (II) IPC.
Issues: The key issue was whether the prosecution had proven the guilt of the accused beyond reasonable doubt and whether the testimony of the prosecution witnesses was contradictory and unreliable.
Ratio Decidendi: The court emphasized the importance of the testimony of the victim in cases of rape or sexual assault, stating that if it appears consistent and inspiring confidence, it can be the sole basis of conviction. The court also highlighted the corroborating medical evidence.
Final Decision: The court affirmed the judgment and order of conviction under Sections 376, 377, 506 IPC, and dismissed the appeal, ordering the appellant to serve the remaining part of the sentence.
Arvind Kumar Mishra-I, J. –
Heard Sri Dheeraj Srivastava, learned counsel and amicus curiae for the appellant and Sri S.A.M. Zaidi, learned AGA for the State and perused the record.
2. The instant jail appeal has been preferred at the instance of the appellant Bhurdul @ Guddu from jail through Senior Superintendent, District Jail, Faizabad vide letter dated 18th January, 2012 against judgment and order of conviction dated 23.12.2011 passed by Additional Sessions Judge, court no.2, Faizabad in S.T. No.145 of 2010, State of U.P. v. Bhurdul @ Guddu under Sections 376, 377, 506 IPC arising out of Case Crime No.857 of 2008, P.S. Gosaiganj, District Faizabad, whereby the appellant has been convicted and sentenced to undergo ten years rigorous imprisonment with a fine of Rs.10,000/- under Section 377 IPC, in case of default, the appellant will have to suffer one year additional rigorous imprisonment and five years rigorous imprisonment under Section 504 (II) IPC. All the sentences shall run concurrently.
3. Factual matrix of the case, as discernible from the record appears to be; that the first informant Smt. Itwari wife of Buddhiram Vishkarma, resident of village Sherwa (Sujanpur), Police Station Gosaiganj, District Faizabad moved a written report dated 01.11.2008 addressed to Senior Superintendent of Police, Faizabad, for lodging of the first information stating therein that Bhurdul @ Guddu son of Chhangur Singh, resident of the same village, along with one person took away her daughter (victim) aged about 7 years in the night of 26.10.2008, outside of the village towards southern side bamboo-groove and committed gang rape on her. They also threatened her daughter that in case, she told about the incident to any person, she will be killed. The victim came back home and in the morning when first informant saw blood stained clothes of her daughter, then she enquired from her, whereupon, she told that Bhurdul @ Guddu had taken her away to bamboo-groove where he committed rape on her. When she tried to raise alarm, her mouth was gagged by the appellant and he threatened her not to tell anyone about the incident otherwise she will be killed.
4. The first informant went to lodge the first information report at police station Gosaiganj on 27.10.2008 where the police personnel took blood stained clothes of her daughter and kept the same with them and told that they are going to get her daughter medically examined. In the evening informant's daughter was left back home. The first informant visited the police station time and again but neither first information report was lodged nor action taken.
5. Compelled by circumstances, the first informant moved application before S.S.P. Faizabad, for registration of the first information report as the accused was threatening that in case any report is lodged then she will be killed. The blood is still oozing out from private part of her daughter. The first Informant's husband has gone out to Delhi for earning livelihood. The first informant resides in her house along with her children. Report be lodged and action be taken.
6. This report was endorsed by Superintendent of Police Rural Areas (S.P.R.A.), Faizabad, whereupon the matter was looked into and S.O. concerned was directed for lodging of FIR, therefore, first information report was taken down at the police station Gosaiganj on 1.11.2008 at Crime No. Nil of 2008, under Sections 376, 377, 506 IPC. Later on, vide report no.14 of General Diary dated 2.11.2008, case crime number was allotted as 857 of 2008, under Sections 376, 377, 506 IPC at Police Station Gosaiganj. The written report is Exhibit Ka-1. The Check FIR is Exhibit Ka-7. Relevant GD entry was made and initially the case was registered at Police Station Mahila Thana, District Faizabad on 1.11.2008. Copy of GD entry is Exhibit Ka-8. Copy of relevant GD dated 2.11.2008 by which case crime number was allotted is Exhibit Ka-9.
7. The victim was medically examined at District Women Hospital
