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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Arvind Kumar Mishra-I, Jayant Banerji, JJ.
Bhao Prakash – Appellant
Versus
State of U.P. – Respondent
Criminal Appeal No. 5949 of 2010
Decided On : 07-01-2022
RAPE - Criminal Appeal - Section 376 I.P.C. - [Section 376 I.P.C.] - The court discussed the incident of rape committed by the accused-appellant, the medical examination report, witness testimonies, and the defense's claims of false accusation and property dispute. The court upheld the judgment and order of conviction under Section 376 I.P.C.
Fact of the Case:
The case involved an appeal against the conviction of the accused-appellant for the offense of rape under Section 376 I.P.C. The victim's mother lodged a first information report alleging that the accused, her husband, had raped their daughter. The accused denied the accusation, claiming it was a false case due to property disputes and family conflicts.
Finding of the Court:
The court found the victim's testimony consistent and credible, supported by witness testimonies. It rejected the defense's claims of false accusation and property disputes, upholding the conviction and sentence imposed by the trial court.
Issues: The key issues included the credibility of the victim's testimony, the defense's claims of false accusation and property disputes, and the sufficiency of evidence to prove the charge under Section 376 I.P.C.
Ratio Decidendi: The court relied on the consistent and credible testimony of the victim and witnesses, emphasizing the importance of prosecutrix testimony in rape cases. It rejected the defense's claims, finding no plausible reason for false implication.
Final Decision: The court dismissed the appeal, upholding the judgment and order of conviction under Section 376 I.P.C. The accused was to serve the remaining sentence imposed by the trial court.
JUDGMENT :
1. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record of this appeal.
2. By way of instant criminal appeal, challenge has been made to the judgment and order of conviction dated 05.08.2010 passed by Additional Sessions Judge, Court No.5, Bareilly, in Session Trial No.174 of 2008, State Vs. Bhao Prakash, arising out of Case Crime No.964 of 2007, under Section 376 I.P.C., Police Station Nawabganj, District Bareilly whereby the appellant has been sentenced to imprisonment for life coupled with fine Rs.1,00,000/-with default stipulation to suffer additional imprisonment for one year.
3. Facts as incarnated refers to the context that the first information report was lodged by one Veerwati (mother of the victim) and (wife of the accused-appellant), resident of Bahor Nagla, Police Station Nawabganj, District Bareilly against the accused-appellant on 14.09.2007 at 2:25 p.m. regarding the incident of rape having been committed by the accused-appellant who is none other than father of the victim wherein it was described that on 03.08.2007 around 11:00 p.m. up to 12:00 in the midnight, the accused-appellant came to the house in drunken condition and took away forcibly his daughter in his room who was sleeping with her grand-mother Durga Devi, and committed rape upon her. The incident was witnessed apart from the informant by the grand-mother Durga Devi. It so happened that the accused-appellant (husband of the informant) did not let her go to the police station for lodging the first information report instead beat the informant and ousted from his house in the following morning due to which the informant along with her children began to reside at her parental home at Mudiya Gagroop, Police Station Bhuta, District Bareilly and she did not whisper about the incident to anyone on account of public disrepute but she has been compelled by circumstances to lodge the first information report against the accused-appellant at this stage, which was scribed by Harish Kumar son of Lal Ram. This written report is Ext. Ka-1.
4. Record reflects that contents of this written report (Ext. Ka-1) were taken down in the concerned Check FIR at Case Crime No.964 of 2007 under Section 376 I.P.C., Police Station Nawabganj, District Bareilly, on 14.09.2007 at 2:25 p.m. Check FIR is Ext. Ka-4. Consequently, relevant entries were made in the concerned general diary at Serial No.30 at 2:25 p.m. on 14.09.2007 and case was registered on 14.09.2007 under the aforesaid section of I.P.C. at aforesaid case crime number against the accused-appellant. G.D. entry is Ext. Ka-5.
5. Record further reveals that the investigation ensued and during course of the investigation, the victim was produced for medical examination before Dr. P.L. Sharma, Medical Officer, on 15.09.2007 wherein upon internal medical examination, no mark of injury was seen on the private part of the victim. Vagina admitted one finger, rarely admitted two fingers, apart from other symptomatic analysis, no definite opinion could be given regarding commission of rape upon the victim. The age of the victim was assessed to be around 15 years. The medical examination report is Ext. Ka-2. Supplementary medical report which has been proved by Dr. P.L. Sharma PW-2 is Ext. Ka-3.
6. As the investigation proceeded it was taken over by Ram Prakash Singh Rathore PW-9, who took note of the relevant entry made in the Check FIR, concerned general diary and recorded statement of Constable Vijay Pathak, the informant Veerwati, prosecution witnesses and visited the place of occurrence at village Vahornagala, Police Station Nawabganj, District Bareilly.
7. Besides, Ram Prakash Singh Rathore PW-9 recorded statement of various other persons and prepared site plan Ext. Ka-8 at the pointing out of the victim. He perused and noted contents of the medical examination report pertaining to the victim. After completing the investigation, he filed charge sheet Ext. Ka-9 against the accused-a
The main legal point established in the judgment is the reliance on consistent and credible prosecutrix testimony in rape cases, and the rejection of claims of false accusation without plausible reas....
The conviction under Section 376 IPC emphasizes that a victim's sole testimony, despite minor discrepancies, is substantial and should not be discarded easily, affirming the need for sensitivity in a....
The reliability of witness statements and the importance of corroborating evidence in criminal cases.
The testimony of a rape victim is credible and should be given significant weight, with minor discrepancies not undermining its reliability.
The prosecution must prove charges beyond a reasonable doubt, and contradictions in testimony and medical evidence warrant acquittal.
The court ruled that the victim's testimony, while significant, required corroboration due to doubts about its reliability, leading to the appellant's acquittal.
The court upheld the conviction of the accused for the offence of rape under Sec. 376(2)(f) IPC, emphasizing the reliability of the victim's testimony and the corroboration from medical evidence.
The main legal point established in the judgment is the reliance on credible witness testimonies, medical evidence, and the lack of supporting evidence for the defense's claims to uphold the convicti....
The main legal point established in the judgment is the requirement of direct evidence to prove the awareness of the victim's caste for conviction under section 3(2) (v) of the Scheduled Caste/Schedu....
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