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IN THE HIGH COURT OF ALLAHABAD
ASHWANI KUMAR MISHRA, MOHD. AZHAR HUSAIN IDRISI, JJ.
Gaurav Yadav @ Phadka - Appellant
Versus
State of U.P. - Respondent
Criminal Appeal No. 2590 Of 2017
Decided On : 29-05-2024
CRIMINAL LAW - RAPE AND ATROCITIES AGAINST SCHEDULED CASTES - IPC SECTION 376, SC/ST ACT SECTION 3(2)(V) - The court discussed the provisions of IPC Section 376 concerning the punishment for rape and Section 3(2)(V) of the SC/ST Act, which addresses atrocities against Scheduled Castes and Tribes. The court interpreted that while the evidence established the crime of rape, it did not sufficiently demonstrate that the act was committed due to the victim's caste identity, leading to the acquittal under the SC/ST Act. The court emphasized the importance of medical evidence and the victim's testimony in establishing the guilt of the accused.
Fact of the Case:
The accused, Gaurav Yadav, was convicted for the brutal sexual assault of a five-year-old girl, who was found bleeding and injured after the incident. The victim identified the accused as her assailant, and medical examinations confirmed severe injuries consistent with sexual assault.
Finding of the Court:
The court found the evidence against the accused compelling, particularly the victim's identification and the medical reports corroborating the assault. However, it noted a lack of evidence linking the crime to the victim's caste identity, leading to the reversal of the conviction under the SC/ST Act.
Issues: Whether the accused committed rape and attempted murder, and whether the crime was motivated by the victim's caste identity under the SC/ST Act.
Ratio Decidendi: The court held that the victim's testimony, supported by medical evidence, established the crime of rape beyond reasonable doubt. However, it concluded that the prosecution failed to prove that the crime was committed on the basis of the victim's caste identity, as required under Section 3(2)(V) of the SC/ST Act.
Final Decision: The court upheld the conviction under IPC Section 376 but reversed the conviction under the SC/ST Act, modifying the life sentence to the time already served by the accused.
JUDGMENT :
(Ashwani Kumar Mishra, J.)
1. This appeal is by the accused appellant Gaurav Yadav @ Phadka challenging the judgment and order of conviction and sentence, dated 11.04.2017, passed by the Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, Agra in Special Session Trial No. 44 of 2011 (State vs. Gaurav Yadav @ Phadka) arising out of Case Crime No. 94 of 2011, Police Station Chhatta, District Agra, whereby he has been convicted and sentenced to life imprisonment under section 376 IPC read with section 3(2) (V) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act with fine of Rs.10,000/-and in default of fine he is to undergo six months’ additional imprisonment.
2. The prosecution case proceeds on a written report (Ex.Ka.1) given by the informant Bhagwan Das (PW-1), scribed by Deepak Khare, stating that on 3/4.5.2011 at about 10.00 pm the informant was sleeping outside his house alongwith his wife (PW-4) and 8 years old daughter (victim). The informant’s wife woke up at about 02.00 in the night and found that her daughter was lying next her in a pool of blood. She (PW-2) screamed as a result of which informant and other family members woke up and rushed to the victim, who informed that a person took her while she was sleeping and subjected her to sexual assault and thereafter assaulted her with brickbat, so as to kill her and thinking that victim has died left her alone. Somehow the victim returned and lay next to her mother. The victim thereafter fainted. The victim was taken to emergency wing for treatment after informing the police. Her operation and treatment was going on when request was made to take appropriate action on the report.
3. On the basis of aforesaid written report First Information Report (Ex.Ka.7) got registered as Case Crime No.94 of 2011, under Sections 376, 307 IPC, Police Station Chhatta, District Agra on 04.05.2011 at 02.00 am. Investigation commenced in the matter. Recovery of bloodstain and plain earth was made from the spot vide Ex.Ka.2. Recovery of underwear of victim was also made vide Ex.Ka.3.
4. The victim was medically examined on 04.05.2011 at 04.20 am by the Medical Officer of Women Hospital wherein following condition of victim has been noticed:-
G.C.- POOR, Breast not developed.
Internal Examination-Examination done under anaesthesia given by Dr. S. P. Singh. Pubic and axillary hair absent. Hymen torn. Fresh bleeding present. Swelling present. Tenderness present. Hymen and perineal tear present at 5 o’clock and 7 o’clock position including the vaginal mucosa, muscle and skin up to the anus. It is about 3x3cm and about 1 cm deep. 1 abrasion present at 6 o’clock position. Vaginal smear taken on glass slide and sent for examination for spermatozoa. For age she is referred to CMO, District Agra.”
5. The letter by which the victim was referred for treatment to the hospital is Ex.Ka.5. Vaginal smear was also taken and sent for pathological examination vide Ex.Ka.6. Pathological report is also on record wherein no spermatozoa was seen. Supplementary report of the victim is also on record as per which the injury on the victim was caused by hard and blunt object. The age of victim was determined as about 5 years.
6. The recovered articles were sent for scientific analysis to the Forensic Science Laboratory vide Ex.Ka.13. As per the report of FSL human blood was found on the recovered articles and semen was also found on the underwear of the victim.
7. The victim on account of traumatic experience suffered by her was not able to explain the incident or specify the name of accused. The Investigating Officer took photograph of three suspected accused and shown them to the victim who immediately identified the accused as being the perpetrator of crime. The victim identified the accused as Gaurav Uncle (appellant). Statement of v
The conviction for rape can be sustained based on the victim's testimony and medical evidence, but a conviction under the SC/ST Act requires clear evidence that the crime was motivated by the victim'....
The court established that in cases of rape, the victim's consistent testimony can suffice for conviction, and that the prosecution must prove caste-based motivation for charges under the SC/ST Act, ....
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....
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 absence of injuries or spermatozoa does not negate the victim's credibility; consent cannot be presumed based on age alone.
The court held that inconsistent victim testimony and lack of corroborating evidence rendered the conviction unsustainable, emphasizing issues of consent and age in sexual exploitation cases.
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