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2019 Supreme(All) 1972
IN THE HIGH COURT OF ALLAHABAD
Sudhir Agarwal, Rajendra Kumar, JJ.
Gajendra - Appellant
Vs.
State of U.P. - Respondent
Jail Appeal No. 3345 of 2012
Decided On : 24-10-2019
Prateek Samadhiya, Adv., Shams Uz Zaman, Adv., Sunil Kumar, Adv., Mahesh Chandra Joshi, Adv.
The reliability of the victim's testimony and the seriousness of the offense of rape were central to the judgment.
Headnote:
RAPE - CRIMINAL LAW - [Section 376, Section 506 IPC] - The court convicted the accused under Section 376 IPC for committing rape on his minor daughter and under Section 506 IPC for threatening his wife. The judgment discusses the evidence presented by the prosecution, the statements of the witnesses, and the medical examination of the victim. The court relied on the testimonies of the victim, her mother, and the medical evidence to establish the guilt of the accused. The court also cited legal principles from previous cases to emphasize the reliability of the victim's testimony and the seriousness of the offense. The appeal was dismissed, and the conviction and sentence were maintained.
Fact of the Case:
The accused was convicted under Section 376 IPC for raping his minor daughter and under Section 506 IPC for threatening his wife. The victim's mother reported the incident to the police, and the victim was medically examined. The accused denied the charges and claimed to be tried. The trial court found the accused guilty based on the evidence presented by the prosecution.
Finding of the Court:
The court found the accused guilty of committing rape on his daughter and threatening his wife. The court relied on the testimonies of the victim and her mother, as well as the medical evidence, to establish the guilt of the accused. The court dismissed the appeal and maintained the conviction and sentence.
Issues: The main issue was whether the accused committed the offenses of rape and threat as alleged by the prosecution. The court also considered the reliability of the testimonies and the medical evidence presented.
Ratio Decidendi: The court emphasized the reliability of the victim's testimony and the seriousness of the offense of rape. The court cited legal principles from previous cases to support the weight given to the victim's evidence and the lack of requirement for corroboration in cases of sexual assault.
Final Decision: The appeal lacked merit and was dismissed. The court maintained the conviction and sentence imposed on the accused.
JUDGMENT :
Rajendra Kumar, J.
Present jail appeal has been directed by accused-appellant Gajendra against the judgment and order dated 08.08.2012 passed by Govind Ballabh Sharma, Additional Sessions Judge, Court No.3, Ghaziabad in Session Trial No.1281 of 2011 (State Vs. Gajendra Singh) under Section 376 and 506 IPC, P.S. Loni, District Ghaziabad. By the impugned judgment and order dated 08.08.2012, accused-appellant Gajendra has been convicted under Section 376 I.P.C. and sentenced to imprisonment for life with a fine of Rs.1,00,000/- and in default of payment of fine, he shall undergo one year additional rigorous imprisonment; and further he has been convicted under Section 506 I.P.C. and sentenced to rigorous imprisonment for seven years with a fine of Rs. 5,000/- and in default of payment of fine, two years additional rigorous imprisonment.
2. Brief facts of the case emerging in First Information Report (hereinafter referred to as "FIR") is that PW-1 Madhubala wife of Gajendra submitted a written report, Ex.Ka-1, in Police Station Loni, District Ghaziabad, stating that on 09.06.2011 at about 3:00 PM, she had gone to market to purchase vegetables. Her husband i.e. accused-appellant Gajendra and her minor daughter aged about 14 years (victim's name is withheld by us) were present in the house. When she returned after taking vegetables, she saw that genitals of her daughter was bleeding and she was weeping. On being asked, she told that accused-appellant (father of victim) committed rape with her and put wooden cylinder (Lakadi ka Belan) in her genitals. When she asked her husband, why he has done so, he threatened her to kill, due to which she was afraid and remained silent. She went to her parental house with victim daughter and narrated entire story to her family members. Thereafter, she got victim medically examined in a private hospital, later due to not getting any relief, she took her in G.T.B. Hospital, Sahadara, Delhi.
3. On the basis of written report Ex.Ka-1, Constable Rahul Kumar (not examined), registered Chick F.I.R. Ex.Ka-5 as Case Crime No. 708 of 2011, under Section 376 and 506 I.P.C. against accused-appellant. Entry of case was made by him in General Diary, copy whereof is Ex.Ka-6.
4. Pw-5 lady Doctor Nitasha Gupta, medically examined victim and prepared her medical report Ex.Ka-4. She found G.C. conscious oriented; pulse fair, BP-110/70 mm/hg; pubic hair present, not matted; external genitalia (N); hymen torned; posterial wall-tear present 7 cm, clots present; faecal seen through tear; abdomen tenderness present, rigidity present, guarding present.
5. Pw-4 S.I. Rajpal Singh, undertook investigation of case, commenced investigation, recorded statement of constable registering F.I.R., Informant PW-1 Madhubala, PW-2 victim and other witnesses; visited spot; prepared site plan Ex.Ka-3. On 15.06.2011, accused-appellant Gajendra was arrested by Investigating Officer. He got recorded statement of victim under Section 164 Cr.P.C. before Magistrate concerned and after completing entire formalities of investigation submitted charge sheet Ex.Ka-4 against accused in the Court of C.J.M. concerned.
6. Case, being exclusively triable by Court of Sessions, was committed by C.J.M. to Sessions Court, Ghaziabad where-from it was transferred to Additional Sessions Judge, Court No. 1, Ghaziabad for disposal according to law.
7. Trial Court framed charges accused-appellant Gajendra on 07.02.2011 under Sections 302 and 506 IPC which read as under:-
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