Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2130

IN THE HIGH COURT OF ALLAHABAD
ASHWANI KUMAR MISHRA, SYED AFTAB HUSAIN RIZVI, JJ.
Maudhu - Appellant
Versus
State of U.P. - Respondent
Criminal Appeal No. 4735 of 2013
Decided on : 22-11-2023

Advocates:
Advocate Appeared:
For the Appellant : Jag Narayan, Sanjeev Mishra Gana, T.C.Shama, Rajiv
Lochan Shukla.
For the Respondent:Govt. Advocate, Prashant Saxena.

The testimony of a rape victim is credible and should be given significant weight, with minor discrepancies not undermining its reliability.

Headnote:(A) Indian Penal Code, 1860 - Section 376 - Conviction for rape - Appellant convicted and sentenced to life imprisonment and fine of Rs.20,000/- by trial court - Victim's testimony found credible despite minor discrepancies - Medical evidence supports victim's account - Appeal partly allowed, conviction upheld but sentence modified to period already undergone. (Paras 26, 29, 30)

(B) Evidence - Testimony of rape victim - The court reaffirmed that the evidence of a rape victim stands at par with that of an injured witness, and minor contradictions should not undermine a credible account. (Paras 24, 23)

Facts of the case:
The accused was convicted for the sexual assault of a 15-year-old girl, with the incident reported by her father after a few days due to fear. The victim's medical examination revealed internal injuries consistent with sexual assault. (Paras 1, 2, 6, 10)

Findings of Court:
The trial court's conviction was based on the victim’s consistent testimony and corroborating medical evidence, despite the defense's claims of false implication. (Paras 25, 23)

Issues: The primary issues were the reliability of the victim's testimony and the adequacy of evidence supporting the conviction. (Paras 16, 22)

Ratio Decidendi: The court emphasized that the testimony of a rape victim is inherently reliable and should be given significant weight, with minor discrepancies not detracting from its credibility. (Paras 24, 23)

Result: Conviction upheld, sentence modified to the period already undergone. (Paras 29, 30)

JUDGMENT :

Syed Aftab Husain Rizvi, J. - The present appeal has been filed on behalf of the accused-appellant- Maudhu, who has been convicted by judgment and order dated 10.10.2013 passed by Sessions Judge, Farrukhabad in Session Trial No.153 of 2010 (State of U.P. v. Maudhu) arising out of Case Crime No.374 of 2009, under Sections 376 I.P.C., Police Station-Amritpur, District-Farrukhabad and sentenced the appellant to life imprisonment & fine of Rs.20,000/-.

2. The informant presented a written report dated 10.09.2009 scribed by Tilakram Awasthi at P.S.- Amritpur, District-Farrukhabad, alleging therein that today on 09.09.2009 her 15-year-old daughter had gone outside the village to ease herself. When she sat down in the curvy field of Maniram, Maudhu Jatav of the village came there and with ill intention pulled her down on the ground. His daughter resisted and made a noise then the accused ran away from the spot. His daughter came to the house and narrated the entire incident, to the informant and other family members, who consulted and thereafter informant came with the victim to lodge the report. On the aforesaid written information, Case Crime No.374 of 2009 under Section 376/511 I.P.C. was registered and investigation was entrusted to S.I. Shiv Singh. The victim was sent for medical examination, the Investigating Officer recorded the statement of Chik and GD Writer. Further investigation was conducted by S.I. Chhatrasal Shivhare. He arrested the accused on 10.09.2009 and recorded his statement. He collected the medical examination report and supplementary report of the victim and on its basis amended the case under Section 376 I.P.C. Thereafter, he recorded the statement of the victim, the informant, and other witnesses, collected the pot (lota), and prepared its memo. The statement of the victim was also got recorded under Section 164 Cr.P.C. The Investigating Officer inspected the place of occurrence and prepared the site plan at the pointing out of the informant and the victim. Based on evidence collected during the investigation, a charge-sheet was submitted against the accused for offence under Section 376 I.P.C. The learned Magistrate took cognizance and committed the case to the Court of Sessions.

3. The learned trial Court framed a charge under Section 376 I.P.C. against the accused, who pleaded not guilty and claimed for trial.

4. Prosecution produced informant as P.W.-1, victim as P.W.-2 and three formal witnesses, Dr. Achala, P.W.-3, S.I. Chatrashal Shiv Hare P.W.-4, the Investigating Officer, constable clerk Ram Saran Chaudhary P.W.-5, the chik and GD writer. The prosecution witnesses have proved nine documents Ext. Ka-1 to ka-9.

5. The statement of the accused under Section 313 Cr.P.C. was recorded. The accused has denied the allegations made against him by the prosecution witnesses. He has also stated that a false report has been lodged against him and he has been falsely implicated as he refused to do the begar. Two witnesses Chetram D.W.-1 and Smt. Neelam D.W.-2 have been produced by the defence. The learned trial Court after hearing the arguments of both the parties by the impugned judgment and order has held the appellant-accused guilty of offence under Section 376 I.P.C. and sentenced him as above.

6. The medical examination of the victim was conducted on 10.09.2009 at 3:15 P.M. by Dr. Achala P.W.-3. There was no fresh external injury. In the internal examination, the hymen was torn, redness around the vagina, and the vagina admits two fingers with complaint of pain. The victim was menstruating from 09.09.2009. Vagina swab slide was prepared and sent to a pathologist. For determination of age, the victim was referred to a radiologist.

7. Based on the pathology report and X-ray report, a supplementary report Ext. Ka-4 was also prepared by Dr. Achala P.W.-3. According to this report, no spermatozoa were seen in the vaginal smear, and no definite opinion regarding rape can be given, doctor has also opined that t