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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1949 OF 2013

(Arising out of SLP (Crl.) No.5390 of 2008)

State of U.P.

... Appellant

VS.

Naushad

... Respondent

J U D G M E N T

V. Gopala Gowda, J.

Leave granted.

2. This appeal is directed against the impugned

judgment and order dated 16.03.2007, passed by

the High Court of Judicature at Allahabad in

Criminal Appeal No. 4505 of 2005, whereby the

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High Court allowed the appeal filed by the

accused-respondent acquitting him for the offence

punishable under Section 376 of the Indian Penal

Code (in short IPC) by reversing the judgment and

order dated 05.10.2005 of the Additional Sessions

Judge, Fast Track Courts 1, Muzzaffarnagar in

Sessions Trial No. 377 of 2004 which convicted

the accused under Section 376 and sentenced him

to undergo imprisonment for life and a fine of

10,000/- and in default of payment of fine

further imprisonment for a period of one year.

3. The brief facts of the case are stated

hereunder to examine the correctness of the

findings recorded by the High Court in reversing

the judgment of the trial court. The accused-

Naushad is the son of the maternal uncle of the

prosecutrix – Shabana’s father - who is the

informant. The informant complained that Naushad

used to visit their house often and enticed his

daughter - Shabana and cheated her, promising to

marry her and had regular sexual intercourse with

her on this pretext. The informant came to know

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about this when his daughter narrated to her

mother how she was raped and she got pregnant.

The complainant along with his wife went to

complain to the parents of the accused, Irshad

and his wife and told them that their son-Naushad

raped their daughter-Shabana by giving a false

promise of marriage and she has become pregnant.

Irshad and his wife accepted their fault and

promised to punish Naushad. A Panchayat was held

a day before lodging the report when Irshad and

his wife offered

10,000/- to

20,000/- to them

and said that they will not marry their son with

Shabana. The informant alleged that Irshad and

his wife even threatened to kill him if any

action is taken.

On the basis of this

information given by Irshad, case crime no. 115

of 2003 was registered at P.S. Kotwali Nagar in

Muzaffar Nagar. After investigation, the

Investigating Officer arrested Irshad and

Naushad.

Shabana was sent for medical

examination and the report was submitted by Dr.

Abha. After the charge sheet was submitted, the

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case was committed to the Sessions Court. The

Sessions Judge framed charge under Section 376,

IPC against Irshad and Section 376 read with

Section 109, IPC against Naushad and both were

further charged under Section 506, IPC. The

Sessions Judge held the accused Naushad guilty of

the charge under Section 376 and convicted him,

sentencing him to imprisonment for life. Being

aggrieved by this, the accused filed an appeal

before the High Court. The High Court allowed the

appeal and held that the prosecution had failed

to prove its case beyond reasonable doubt and the

order of conviction and sentence of the accused

respondent was set aside and he was directed to

be released forthwith. Against the reversal of

conviction and sentence of the accused by the

High Court, the appellant - State has filed the

present appeal.

4. The trial court after examining the evidence

on record and hearing the rival legal contentions

recorded its findings on the issue as to whether

the accused – Naushad is guilty of the offence of

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rape