Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 1532

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ASHWANI KUMAR MISHRA, GAUTAM CHOWDHARY, JJ.
Heera - Appellant
Versus
State of Uttar Pradesh - Respondent
Criminal Appeal No. 5306 of 2002
Decided On : 21-08-2024

Advocates Appeared:
For the Appellant : Rajiv Gupta.
For the Respondent: D.G.A.

IMPORTANT POINT
The absence of corroborative medical evidence and inconsistencies in witness testimonies led to the acquittal of the accused in a rape case.

Headnote:
(A) Indian Penal Code, 1860 - Section 376 - Rape - Conviction and sentence of life imprisonment set aside due to lack of corroborative medical evidence and inconsistencies in witness testimonies - The prosecution failed to prove the charges beyond reasonable doubt. (Paras 25, 24, 23, 22, 21)
(B) Evidence - Testimony of the victim - The court emphasized the necessity of corroboration from medical evidence in cases of sexual assault, especially when the victim is a minor. (Paras 23, 24)
Facts of the case:
The accused-appellant was convicted for the alleged rape of a 4-year-old girl, but medical evidence did not support the claim of rape. (Paras 1-2)
Findings of Court:
The court found that the prosecution failed to establish the guilt of the accused beyond reasonable doubt, leading to the reversal of the conviction. (Paras 25)
Issues: The main issues were the reliability of witness testimonies and the absence of medical evidence supporting the claim of rape. (Paras 24)
Ratio Decidendi: The court ruled that the absence of corroborative medical evidence and inconsistencies in witness statements necessitated the acquittal of the accused. (Paras 24)
Result: Conviction and sentence set aside.

JUDGMENT :

Gautam Chowdhary, J.

1. By means of the instant appeal, the accused-appellant Heera is assailing the judgment and order of conviction dated 24.10.2002 passed by the learned Additional Sessions Judge (Fast Track ) Court Room No. 16, District Bulandshahr in Sessions Trial No. 122 of 2002 (State Vs. Heera) arising out of Case Crime No. 107 of 2001 whereby the accused-appellant has been sentenced under Section 376 I.P.C. to undergo for life imprisonment along with fine of Rs. 1000/- and in default in payment of fine to further undergo simple imprisonment of two years.

2. The prosecution case emanates on the written report of the informant (exhibit ka-1), as per which, on 31.03.2001 when the informant had gone for work and his wife Smt. Heera Devi had gone to jungle to bring the fodder and his daughter aged about 04 years was alone in the house, while playing she went out of the house to look for her mother, at about 06:00 P.M., when the accused-appellant enticed her away and took her to the wheat field of Isthtiaq Haji and committed rape upon her. On hearing her cry, Gurcharan Singh son of Mohar Singh and Durga Prasad son of Moti Ram rushed towards the spot and saw that the accused-appellant had forcefully pressed the victim and was committing rape upon her. As soon as Gurucharan Singh and Durga Prasad reached, the accused appellant ran away towards the forest. The trouser (Pajami) of the victim was brought down and was soaked with blood and the victim was lying unconscious. The informant and his wife rushed to the place of occurrence and brought back the victim. Upon such report, the F.I.R. came to be lodged on 31.03.2001 in Case Crime No. 107 of 2001, under Section 376 I.P.C. at Police Station Jahangirabad, District Bulandshahr. The matter was entrusted for investigation to the Investigating Officer and the victim was medically examined on 01.04.2001 at about 12:30 A.M. Thereafter statements of the witnesses including that of the victim were recorded under Section 161 Cr.P.C. and 164 Cr.P.C. The Investigating Officer, after collecting evidence, culminated the investigation in submission of charge sheet against the accused-appellant under Section 376 I.P.C. upon which cognizance was taken on 11.06.2001 by the concerned Magistrate. The case was committed to the Court of Sessions and the case was registered as Sessions Trial No. 122 of 2002 (State Vs. Heera). Charge was framed under Section 376 I.P.C., against the accused-appellant. The accused-appellant denied the charges and demanded trial. Consequently, the trial commenced.

3. During trial, the prosecution has relied upon following documentary evidence:-

“(i) Written report (Ex. Ka-1).

(ii) Medico Legal Examination Report (Ex. Ka-2).

(iii) Supplementary Medical Report (Ex. Ka-3).

(iv) Recovery memo of “Pajami” G.D.entry (Ex. Ka-4)

(v) Site Plan with Index (Ex. Ka-5).

(vi) Charge sheet original (Ex. Ka-6).

(vii) F.I.R. Ka-7)

(viii) Site Plan (Ex. Ka-8)

(ix) Inquest report (Ex. Ka-9).”

4. From the side of prosecution, as many as six prosecution witnesses appeared before the trial Court. The P.W.1 is the informant Vinnami, P.W.2 Durga Prasad, P.W. 3 is victim, P.W.4 Gurcharan Singh, P.W.5 Dr. Anita Dutta and P.W.6 S.I. Ram Ji Lal, whereas no defence witness was adduced.

5. The informant-P.W.1 has clearly supported the prosecution case and has repeated the F.I.R. version. In his cross-examination, it borne out that he did not go to the place of occurrence and he saw the victim unconscious at his house.

6. P.W.2 Durga Prasad, one of the witnesses of fact has stated that he alongwith Gurcharan were going towards the jungle and as he reached near the wheat field of Ishtiaq, he heard cry, on which he went to that side where he saw that the accused-appellant ran towards forest buttoning up his pant and the victim was lying bleeding.

7. P.W.3 is the victim, who answered to the questions merely by shaking her neck. The testimony of the P.W.3 as has been recorded before the trial Court, is as und