Back
IN THE HIGH COURT OF ALLAHABAD
ASHWANI KUMAR MISHRA, SYED AFTAB HUSAIN RIZVI, JJ.
Sukh Singh Kachhi – Appellant
Versus
State of U.P. –Respondent
Criminal Appeal No.2143 of 2017
Decided on : 11-05-2023
Sexual Assault - Criminal Appeal - Section 376 (2(i) I.P.C., Section 6 of The Protection of Children From Sexual Offences Act - Summary of Acts and Sections: The court discussed the evidence and legal provisions related to sexual assault under Section 376 (2(i) I.P.C. and Section 6 of The Protection of Children From Sexual Offences Act. The court analyzed the victim's testimony, medical evidence, and the promptness of the FIR to establish the guilt of the accused. The court also considered the age of the victim and relevant penal provisions applicable at the time of the occurrence.
Fact of the Case:
The case involved the sexual assault of a minor girl at a wedding ceremony. The victim's father lodged a complaint after catching the accused in the act. The prosecution presented evidence including the victim's testimony, medical examination reports, and witness statements.
Finding of the Court:
The court found the accused guilty of sexual assault based on the victim's testimony, medical evidence, and witness statements. The court also considered the promptness of the FIR and the age of the victim in reaching its decision.
Issues: The key issues included the credibility of the victim's testimony, the promptness of the FIR, and the age of the victim. The court also considered the evidence presented by the prosecution and the defense's arguments.
Ratio Decidendi: The court relied on the victim's testimony, medical evidence, and witness statements to establish the guilt of the accused. The court also considered the promptness of the FIR and the age of the victim in determining the appropriate sentence.
Final Decision: The court sustained the conviction of the accused under Section 376(2)(i) I.P.C. and Section 6 of The Protection of Children From Sexual Offences Act. However, the court modified the sentence to 14 years' imprisonment for each charge, to run concurrently, considering the relevant penal provisions applicable at the time of the occurrence.
JUDGMENT :
Syed Aftab Husain Rizvi, J.
1. We have heard Sri M.P. Yadav, learned counsel for the appellant and Sri Arunendra Singh, learned A.G.A. for the State.
2. This criminal appeal is filed against judgment and order dated 16.03.2017 passed by Additional Sessions Judge, Court No.1, Hamirpur in Sessions Trial No.101 of 2013 arising out of Case Crime No.314 of 2013. By the impugned judgment and order, the trial court has held appellant, Sukh Singh Kachhi guilty for the offence punishable under Section 376 (2(i) I.P.C. and Section 6 of The Protection of Children From Sexual Offences Act and sentenced him to imprisonment for life and a fine of Rs.12,000/-and Rs.15,000/-respectively. In default of payment of fine, additional imprisonment for one year and one and a half years.
3. NARRATION OF FACTS:
The facts giving rise to present appeal are that the complainant gave an application dated 23.04.2013 at Police Station Rath, District Hamirpur alleging therein that the complainant had come to Swarnkar Dharmshala in the marriage of his brother-in-law (Sala). The Barat was staying at Swarnkar Dharmshala. In a room on first floor his daughter was sleeping. Anant Ram Gupta, the maternal uncle of the victim was also sleeping with the daughter of the complainant. Sukh Singh Kachhi waiter came into the room at about 1.00 a.m. and switched off the light. He put his hands into the under garment of the victim. She screamed, then complainant woke up. Sukh Singh Kachhi was caught on the spot. The victim was bleeding from her private parts. The complaint had come with the accused and the victim at Police Station to lodge the report. On the aforesaid application chik F.I.R. Case Crime No. 50 of 2013 was registered on 23.004.2013 at 2.30. The investigation was entrusted to SI Chandrashekhar Prasad who on 23.04.2013 recorded statement of the Head Constable Indrapal Singh the writer of the chik and G.D., the statement of the accused, Sukh Singh Kachhi. The victim was sent for medical examination to District Hospital, Hamirpur. On 24.04.2013 the Investigating Officer has recorded the statement of the victim through Female Constable Arti Srivastava. He recorded statement of other witnesses and the complainant, prepared site-plan at the instance of the complainant. At District Hospital, Hamirpur he took into possession the apparels of the victim and prepared its memo. Further investigation of the case was conducted by SSI Rampal Singh. On 27.04.2013, he moved an application for recording the statement under Section 164 Cr.P.C. which was recorded on 30.04.2013. On 04.05.2013 he recorded statement of Dr (Smt.) Asha who has conducted the medical examination of the victim. He also sent the apparels of the victim to the Forensic Science Laboratory. After completion of investigation, he submitted charge-sheet against the accused, Sukh Singh Kachhi.
The trial court took the cognizance on the charge-sheet and framed charges against the appellant-accused for the offence under Section 376 (2(i) I.P.C. and Section 6 of The Protection of Children From Sexual Offences Act. The accused pleaded not guilty and claimed for trial.
The prosecution produced seven witnesses in oral evidence and 10 documents marked as Ext. Ka-1 to Ext.Ka-10.
The statement of the accused under Section 313 Cr.P.C. was recorded. The accused has denied the prosecution case and has stated that the witnesses have given false evidence against him and a false case has been registered against him. In additional statement the accused has stated that the complainant was asking for meal. On refusal he has lodged the false case against him. However, no evidence in defence has been produced.
Learned trial court, after hearing the arguments advanced on behalf of the parties, by the impugned judgment and order held the appellant guilty for the offence punishable under Section 376 (2)(i) I.P.C. and Section 6 of The Protection of Children From Sexual Offences Act and sentenced him as above.
4. Prosecution Evidence:
Th
The court established that a victim's testimony in sexual assault cases must be credible and supported by medical evidence to sustain a conviction.
The reliability of the victim's testimony and medical evidence in cases of sexual offences, and the reasonableness of delay in filing the FIR due to the sensitive nature of such offences.
The testimony of a rape victim is credible and should be given significant weight, with minor discrepancies not undermining its reliability.
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....
A conviction for sexual assault against a minor may be based solely on the child's credible and consistent testimony. Minor errors in formal charges, such as incorrect incident timing, do not invalid....
The prosecution must prove charges beyond reasonable doubt, and evidence must be corroborated with medical evidence and other reliable sources.
As per Section 9(m) of Act, whoever commits sexual assault on a child below twelve years will come under definition of aggravated sexual assault.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
