Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1566

IN THE HIGH COURT OF ALLAHABAD
ASHWANI KUMAR MISHRA, NAND PRABHA SHUKLA, JJ.
Shamim and Others – Appellants
Versus
State of U.P. – Respondent
Criminal Appeal No. 5690 of 2004
Decided On : 09-11-2023

Advocates:
Advocate Appeared:
For the Appellants : A.K. Singh, Sudhir Kumar.

The court emphasized the need for corroboration of the prosecutrix's testimony and highlighted the importance of medical evidence in rape cases. It also stressed the possibility of false accusations of rape and the need to protect the accused from indictment.

Headnote:
RAPE - Criminal Procedure Code - Section 374(2) - Section 452, 376 IPC
Fact of the Case:

The appellants were convicted under Section 376 IPC for imprisonment of life and a fine of Rs. 10,000/- and under Section 452 IPC for imprisonment of three years and a fine of Rs. 3,000/- with default stipulations. The prosecutrix alleged that the appellants entered her house and raped her in the sugarcane field, but medical evidence did not corroborate her testimony.
Finding of the Court:

The court found that the prosecution failed to prove its case beyond reasonable doubt. The testimony of the prosecutrix did not corroborate with the medical evidence and was full of discrepancies. The court held that the appellants were falsely implicated due to political rivalry and property dispute.
Issues: The main issues were the credibility of the prosecutrix's testimony, the lack of medical corroboration, and the presence of discrepancies in the evidence.
Ratio Decidendi: The court emphasized the need for corroboration of the prosecutrix's testimony and highlighted the importance of medical evidence in rape cases. It also stressed the possibility of false accusations of rape and the need to protect the accused from indictment.
Final Decision: The appeal was allowed, and the impugned Judgment and Order of conviction and sentence were set aside. The appellants were acquitted, and their bail bonds were cancelled.

JUDGMENT :

NAND PRABHA SHUKLA, J.

1. Heard Sri Sudhir Kumar, learned counsel for the appellants and Sri Rahul Asthana, learned Additional Government Advocate for the State.

2. This is an appeal under Section 374(2) Criminal Procedure Code (Cr.P.C.) preferred by the appellants Shamim, Shafi and Khurshid challenging the Judgment and Order dated 30.10.2004 who have been convicted under Section 376 IPC for imprisonment of life and a fine of Rs. 10,000/- and under Section 452 IPC for imprisonment of three years and a fine of Rs. 3,000/- with default stipulations passed in Sessions Trial No. 438/1996 by Additional Sessions Judge (Fast Track Court No. 4), Badaun.

PROSECUTION CASE:

3. The prosecutrix gave a written Tehrir on 14.11.1991 at 12:30 p.m. at P.S. Mujariya, District Badaun stating that about two years back, her husband purchased two bighas of land from Shamim. But later he wanted to sell it for personal necessity. Shamim desired to get back the land sold by him for the same amount but her husband was reluctant as he had a habit of gambling. In revenge, Shamim expressed his anger and on being insulted, he threatened of dire consequences. About a week before the incident, her husband went to Dehradun for a job. Then, on the intervening night of 12/13.11.1991 at around 12:00 at night, accused Shamim along with Shafiq, Khurshid and Ashfaq of her village, entered into her house. On hearing the noise, she woke and enquired as to why they entered her house in odd hours. Her sister-in-law (Jethani) Firozi, who was nearyby, also woke. The accused dragged her towards the sugarcane field. On being dragged, she screamed and her sisterin- law (Jethani) too raised an alarm. The villagers came but the accused dragged her away towards the sugarcane field and committed rape for the whole night one by one. In the morning, when the tillers saw her, they rushed to rescue her, the accused fled away. The prosecutrix came out from the sugarcane field with their help and then lodged the FIR.

4. On the basis of the aforesaid Tehrir, the First Information Report was lodged as Case Crime No. 179/1991 under Section 452, 376 IPC at P.S. Mujariya, District Badaun on 14.11.1991 at 12:30 p.m. against the four named accused Shamim, Shafi, Khurshid and Ashfaq.

5. On the same day, i.e. 14.11.1991 at 08:30 pm, the prosecutrix was produced for medical examination at Community Health Center, Ujhani, Badaun. According to the doctor, no external injuries were found. As per the internal examination, the vagina was two fingers loose and uterus was normal in size and the vaginal smear was taken for pathological examination of sperms. The prosecutrix was then referred for X-ray for the determination of age.

6. Next day, i.e. on 15.11.1991, salwar of the prosecutrix having stains of semen was collected and the recovery memo dated 15.11.1991 was prepared (Exhibit Ka-2).

7. According to the X-ray Report dated 24.01.1992, the epiphysis around the right elbow and the right wrist were found fused. As per the supplementary report dated 29.01.1992, radiological age of the prosecutrix was more than 18 years. It was opined that no opinion could be given about rape as there were no sperms seen in the vaginal smear and was habitual to sexual intercourse.

8. The Investigating Officer made the spot inspection, prepared the site plan and recorded the statement of prosecutrix and the witnesses under Section 161 Cr.P.C. and was produced before the Magistrate for the recording of her statement under Section 164 Cr.P.C. The charge-sheet was submitted against all the four accused persons under Sections 452, 376 IPC. The co-accused Ashfaq died during inquiry, therefore, the proceedings were abated against him. After the cognizance, the learned Magistrate committed the case to the Sessions Court for the commencement of the trial. The charges were framed against the accused Shamim, Shafiq and Khurshid under Sections 452 and 376 IPC. The accused denied the charges and claimed to be tried.

9. The prosec