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2020 Supreme(All) 845
IN THE HIGH COURT OF ALLAHABAD
RAMESH SINHA, SAMIT GOPAL, JJ.
Shyam Lal – Appellant
Versus
State of U.P. – Respondents
Criminal Appeal No.2919 of 2009
Decided on : 10-12-2020
Advocate Appeared:
For the Appellant : Neeraj Mishra, A.N. Mishra, Noor Mohammad
Point of Law: Rape or an attempt to rape is a crime not against an individual but a crime which destroys the basic equilibrium of the social atmosphere. The consequential death is more horrendous. It is to be kept in mind that an offence against the body of a woman lowers her dignity and mars her reputation. It is said that one’s physical frame is his or her temple. No one has any right of encroachment. An attempt for the momentary pleasure of the accused has caused the death of a child and had a devastating effect on her family and, in the ultimate eventuate, on the collective at large. When a family suffers in such a manner, the society as a whole is compelled to suffer as it creates an incurable dent in the fabric of the social milieu.”
Headnote:
Indian Penal Code, 1860 – Sections 376, 228 – Code of Criminal Procedure, 1973 – Section 313 – Order of Conviction – Present appeal arises out of judgment and order passed by the Sessions Judge, Lalitpur in Session Trial whereby the appellant has been convicted under Section 376(2)(f) IPC for life imprisonment and a fine of Rs. 2,000/-. – In default of payment of fine, he has been directed to further undergo one year imprisonment. –
Finding of the Court:
Accused in his defence could not bring any document on record on evidence to show his enmity with the first informant in spite of the fact that he had stated so in his statement recorded under Section 313 Cr.P.C. – Deterrence is needed more than the theory of reformation in cases like this. – Although by saying so the need for re-affirmative approach in sentencing is not being ignored but looking to the brutal nature of offence committed by the accused on a minor, mentally deranged, deaf and dumb girl aged about 12 years leaving her all bleeding from her private parts also inflicting injuries in the course of the same on her body which stands duly proved, leaves us with no other hypothesis but that the applicant-appellant has committed rape upon the girl which was witnessed by an eye witness. – In the result, the sentence as awarded by the trial court is found to be proper and would be the appropriate sentence awarded. – Court comes to the conclusion that the prosecution has succeeded in proving its case beyond all reasonable doubts against the appellant. – The conviction and sentenced as awarded by the trial court is hereby upheld. –
Result: Appeal Dismissed.
JUDGMENT :
Samit Gopal, J.
1. The present appeal arises out of judgment and order dated 28.03.2009 passed by the Sessions Judge, Lalitpur in Session Trial No. 1 of 2008 (State of U.P. Vs. Shyam Lal) whereby the appellant has been convicted under Section 376(2)(f) IPC for life imprisonment and a fine of Rs. 2,000/-. In default of payment of fine, he has been directed to further undergo one year imprisonment.
2. In view of the legislative mandate as contained in Section 228-A of the Indian Penal Code, 1860 and the observations made by the Hon’ble Supreme Court in various judgments the identity of the prosecutrix/victim is not being disclosed and she will be referred to as ‘R’ hereinafter.
3. The prosecution case as per the First Information Report lodged by Deepak Dheemar/PW-1 is that his daughter ‘R’ aged about 12 years is mentally deranged, deaf and dumb since birth. On 01.09.2007 at about 12:00 PM ‘R’ went to the fields but did not return till 02:00 PM, on which, the mother of the first informant namely Smt. Nanhi Bai wife of Nandlal went towards the field to search her and during search when his mother reached at a talab near a drain to his field, she did not find ‘R’ there, to which, she started search near about wherein at the adjacent field of Harbhajan Dheemar, in which, maize was sown some sound was coming from there, to which, she went inside and saw ‘R’ lying naked and Shyam Lal the appellant who is the caretaker of the fields of Harbhajan Dheemar was lying over her and was committing rape on her, wherein the mother of the first informant raised hue and cry, consequently, Shyam Lal after wearing his pant ran away and ‘R’ was lying there in an injured condition and blood was oozing out from her private parts. The incident is said to be of around 02:30 PM. On the shrieks of the mother of the first informant, Kripa Ram PW-4 reached the place of occurrence who also the saw the incident. It is further stated in the FIR that then the mother of the first informant brought ‘R’ back to the house and gave information about the incident to the villagers as a result of which, the entire village went into silence. The first informant then states that he reached the house at about 07:00 PM, on which, his mother informed him about the whole incident and then he along with his mother and ‘R’ has reached the police station for lodging of the First Information Report.
4. The application for lodging of the First Information Report was given by the Deepak Dheemar, the father of ‘R’ which is marked as Exb: Ka-1 to the records. On the basis of the said application, a First Information Report was registered on 01.09.2007 at about 20:30 hrs. (08:30 PM) at Police Station Bar, District Lalitpur as Case Crime No. 596 of 2007 under Section 376 IPC against Shyam Lal. The said First Information Report is marked as Exb: Ka-6 to the records. The prosecutrix/victim ‘R’ was medically examined on 02.09.2007 at 01:00 PM by Doctor Alka Jain/PW-3 at District Women Hospital, Lalitpur. The medical examination report is marked as Exb: Ka-4 to the records. The doctor conducting the medical examination report found injuries on the body of the deceased and also on her private parts. The external injuries found on the person of the victim ‘R’ are extracted hereinbelow:-
“1. Multiple soft scabbed abrasion in an area of 5.0 cms x 4.0 cms on right side face, 3.0 cms below right ear and 3.0 cms away from right angle of mouth.
2. Multiple soft scabbed abrasion in an area of 4.0 cms x 3.0 cms on left side face, 2.0 cms away from left angle of mouth.
3. Soft multiple scabbed abrasion in an area of 3.0 cms x 2.0 cms on right side of neck just below cheek.” The injuries found on the private parts of the victim are as follows:
“1. A lacerated wound at 6 O’clock position at post-commissure above 1.0 cm x ½ cm ½ cm extending up in vagina.
2. A lacerated wound of floor of vagina extending from 5 to 8 O’Clock position above 2.5 cms x 2.5 cms x 1.0 cm deep.
3. Annuler tear hymen involvin
