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IN THE HIGH COURT OF ALLAHABAD
ASHWANI KUMAR MISHRA, SHIV SHANKER PRASAD, JJ.
Mani Ram Chaudhary – Appellant
Versus
State of U.P. – Respondent
Criminal Appeal No. 3561 of 2004
Decided On : 19-09-2022
Criminal Appeal - Conviction under Section 376 IPC and Section 3(2)(v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - [RAPE] - [CRIMINAL LAW] - [Section 376 IPC, Section 3(2)(v) of SC/ST Act] - The court found the charge of rape under Section 376 IPC proved against the accused appellant. The charge under Section 3(2)(v) of SC/ST Act was also found to be proved beyond reasonable doubt. The accused appellant was found guilty of committing rape, and the charge under Section 3(2)(v) of SC/ST Act was sustained based on the victim's caste identity. The court examined the evidence and concluded that the prosecution had failed to establish necessary ingredients to attract the offence under Section 3(2)(v) of the SC/ST Act against the accused appellant. The court set aside the judgment and order of the court below convicting the accused appellant under Section 3(2)(v) of the SC/ST Act. The accused appellant's punishment under Section 376 IPC was substituted with the sentence already undergone by the appellant, and the fine was reduced to Rs. 10,000/- with a further imprisonment of three months on failure to pay.
Fact of the Case:
The victim, a minor girl, was returning from school when she was grabbed and raped by the accused appellant. The victim reported the incident to her mother, leading to the filing of a written report and a first information report. Medical examinations confirmed the rape and the victim's caste identity.
Finding of the Court:
The court found the accused appellant guilty of committing rape and sustained the charge under Section 3(2)(v) of SC/ST Act based on the victim's caste identity. However, the court set aside the conviction under Section 3(2)(v) of the SC/ST Act due to the prosecution's failure to establish necessary ingredients. The court also substituted the punishment for the accused appellant under Section 376 IPC with the sentence already undergone by the appellant.
Issues: The issues included the establishment of the offence of rape under Section 376 IPC, the charge under Section 3(2)(v) of SC/ST Act, and the appropriate punishment for the accused appellant.
Ratio Decidendi: The court's decision was influenced by the evidence of the victim, medical examinations, and the failure of the prosecution to establish necessary ingredients for the offence under Section 3(2)(v) of the SC/ST Act. The court also considered the accused appellant's age and the time already spent in incarceration.
Final Decision: The Criminal Appeal was partly allowed, setting aside the conviction under Section 3(2)(v) of the SC/ST Act and substituting the punishment for the accused appellant under Section 376 IPC with the sentence already undergone by the appellant, along with a reduced fine and further imprisonment on failure to pay.
JUDGMENT :
1. This criminal appeal is directed against the judgment and order dated 21.5.2004, passed by the Special Judge Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Basti, District Basti in Special Sessions Trial No. 14 of 2003, State vs. Maniram Chaudhary; whereby the appellant has been convicted under sections 376 IPC and Section 3(2)(v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and consequently sentenced to rigorous life imprisonment along with fine of Rs. 20,000/- for the offence under Section 376 IPC and rigorous life imprisonment for the offence under Section 3(2)(v) SC/ST Act along with fine of Rs. 20,000/- and on failure to deposit the fine appellant is to undergo two years additional rigorous imprisonment. Both the sentences are to run concurrently.
2. As per the prosecution case a written report (Ext.A-1) was given to the Police Station Kaptanganj, District Basti by Shanti Devi (PW-1) stating that she belongs to scheduled caste and her daughter is a student of Class Vth in the Primary School, Bheeta. On 9th December, 2002, at about 1.00 p.m. the informant’s daughter was returning from her school to have lunch. On her way situated the house of accused appellant. Accused appellant on spotting the victim alone dragged her inside his house and raped her. The victim somehow reached her house and informed her mother, who has filed the written report (Ex.A.1).
3. The scribe of the written report is one Sitaram (PW-3), the President of Bahujan Samaj Party, Kaptanganj. On the basis of written report a first information report (Ex.Ka.5) was lodged as Case Crime No. 254 of 2002, under Section 376 IPC read with Section 3(1) XII of the SC/ST Act, 1989.
4. The victim was thereafter medically examined by Dr. Seema Chaudhary, Emergency Medical Officer, Woman Hospital, Basti (PW- 5) on 9.12.2002, at 7.15 p.m. Injury report of victim is Exhibit Ka-3. As per the report the victim was 4’ 6” tall and weighed 24 Kg. No external injury was seen but blood stains were seen on victim’s Vulva Perineum and Thigh. Hymen was found torn in midline alongwith bleeding. Bleeding was also seen in vagina. Vaginal semen was taken and sent for pathological examination. The patient was examined under general anesthesia and lateral vaginal laceration near left fornix was seen bleeding and she was advised admission; vaginal pulsing was done and she was kept under observation. The victim was also sent to radiologist for x-ray and determination of her age.
5. The radio-logical x-ray was done on 10th December, 2002 by Dr. Sudhakar Mishra (PW-7). X-ray of victim’s right elbow and right knee was held by Dr. Sudhakar Mishra on 10.12.2002 and his report is Exhibit Ka-7. The victim was also examined by Dr. Jagdish Singh, Dental Surgeon (PW-8), who determined victim’s age to be 12 years.
6. The victim was kept in the hospital from 9.12.2002 to 13.12.2002. The investigation proceeded thereafter and statement was recorded of PW-1, PW-2, PW-4 under Section 161 Cr.P.C. and the site plan was also prepared. Upon conclusion of investigation a charge-sheet came to be submitted against the accused appellant under Section 376 IPC read with Section 3(1)XII SC/St Act on which the Magistrate took cognizance and committed the case to Sessions. Charges were accordingly framed by the Court of Sessions against the accused appellant who denied the same and demanded trial.
7. On behalf of the prosecution documentary evidence in the form of FIR (Ext.Ka-5); Written report (Ext.A-1); Injury reports (Exts.Ka-3, 4, 7, 8) and Recovery memo (Ext. Ka-2) was proved and was duly exhibited. Oral deposition was made by Shanti Devi (PW-1), Victim (PW-2), Sita Ram (PW-3), Kashi Ram (PW-4), Dr. Seema Chaudhary (PW-5), Vishwanath Yadav (PW-6), Dr. Sudhakar Mishra (PW-7), Dr. Jagdish Singh (PW-8) and Om Prakash (PW-8).
8. The accused appellant was confronted with the incriminating material which has surfaced against him during trial under
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