Full Judgment
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA No.D-1508-DB of 2013 Date of Decision:-18.02.2014 Jasbir Kaur ....Appellant Versus State of Punjab and another .....Respondents CORAM :- HON'BLE Mr.JUSTICE SATISH KUMAR MITTAL.
HON'BLE Mr.JUSTICE KULDIP SINGH.
Present:- Mr.Abhijeet P.S.Chaudhary, Advocate for the appellant.
**** KULDIP SINGH, J.
Prosecutrix has filed this appeal under Section 372 of the Criminal Procedure Code, against the judgment dated 1.10.2013 passed by the learned Addl.Sessions Judge, Sangrur, vide which the accused Avtar Singh @ Tari, was acquitted for offence under Sections 376, 506 IPC in FIR No.108 dated 11.5.2013, Police Station Sadar Dhuri, registered on her statement.
The prosecution case is that on 11.5.2013, ASI Sukhchain Singh on receiving a telephonic call from Vijay Nursing Home, Barnala, regarding the admission of prosecutrix in the Nursing Home visited the said Nursing Home.
After obtaining the opinion regarding the fitness of prosecutrix, her statement was recorded.
In her statement she stated that she is a housewife.
She was married about 10 years back to Lakhvir Singh.
She has got one son and one daughter out of the wedlock.
About two years back Saini Reema 2014.03.12 13:19 I attest to the accuracy and integrity of this document Chandigarh CRA No.D-1508-DB of 2013 -2- her neighbour Avtar Singh @ Tari who is living in front of their house, developed forcible sexual relations with her.
About four months back, accused visited her house and committed rape with her without her consent.
Accused also threatened her that if she disclosed the matter to anybody he would kill her son.
Therefore she kept quite.
On 9.5.2013, her husband got missed calls.
He inquired from the prosecutrix whether she has given his number to anyone.
After sometime, Avtar Singh-accused came in front of her door and threatened her that she should come out and talk to him.
To keep her self respect she consumed poison.
She was got treated by her husband and brother.
Later on, prosecutrix made supplementary statement that on 8.5.2013 also when she was alone at her house accused has committed sexual intercouRs.with her against her wishes and asked her to come and meet her as he has to go to machine for cutting wheat straw.
On these allegations, the challan was filed and charges under Sections 376 and 506 IPC were framed against the accused.
In support of its case, prosecution examined prosecutrix as PW1, Dr.
Deepika Gupta as PW2, Dr.
Vijay Kumar as PW3, ASI Sukhchain Singh as PW4 and closed its evidence.
When examined under section 313 Cr.P.C., the accused claimed that he is innocent and never committed rape upon prosecutrix.
Prosecutrix attempted suicide and in order to save herself from criminal case, she implicated him in false case.
Accused in his defence examined Shingara Singh as DW1 and Amit Dabra as DW2 and closed his evidence.
Saini Reema 2014.03.12 13:19 I attest to the accuracy and integrity of this document Chandigarh CRA No.D-1508-DB of 2013 -3- After requisitioning the trial Court record, we have heard learned counsel for the appellant and perused the record.
After going through the statement of the prosecutrix and Doct ORS.we find that her statement was rightly disbelieved by the trial Court.
Prosecutrix claimed that she had consumed poison on 9.5.2013.
She has done so to save honour of her family.
This was allegedly done in the background that accused had been committing rape upon her.
Last time the rape was committed on 8.5.2013.
Moreover, on 9.5.2013 accused came in front of the house of prosecutrix and asked her to meet him as he has to go to fodder cutting machine.
Statement of Dr.
Vijay Kumar-PW3 shows that prosecutrix was admitted in his Nursing Home on 9.5.2013 at about 6:30 p.m.complaining of severe gastro entitis.
After two days on 11.5.2013, she disclosed to Doctor that she had consumed some poisonous substance.
It is not believable that the prosecutrix who had allegedly consumed poison on 9.5.2013 will keep silent and disclose the same to Doctor after two days.
Initially, she had complained to the Doctor of stomach ache.
It makes the entire case doubtful.
On query from the Court the learned counsel for the appellant disclosed that the age of the accused is 19 years and unmarried and that of prosecutrix is more than 25 yeaRs.Prosecutrix was married about 10 years back.
She was having two children.
It follows that two years back when the accused allegedly developed sexual relations with the prosecutrix, he was only 17 years Saini Reema 2014.03.12 13:19 I attest to the accuracy and integrity of this document Chandigarh CRA No.D-1508-DB of 2013 -4- of age.
He is living in front of house of the prosecutrix who was having two children.
Accused was a young boy and it cannot be believed that prosecutrix will come under his threat that the accused will kill the son of the prosecutrix if she disclosed the matter to anybody.
However, regarding last two years of sexual relationship, the prosecutrix has not alleged that accused had been committing rape under any such threat.
The alleged threat is regarding sexual intercouRs.committed by accused four months before the occurrence.
In the fiRs.statement to the police, the prosecutrix did not stated that on 8.5.2013 the accused had committed sexual intercouRs.with her.
Even though she had made statement to the police two days after her admission in the Nursing Home, she omitted to narrate the incident of 8.5.2013 and lateron she made supplementary statement regarding rape committed on 8.5.2013.
This was probably done to allege recent rape so that medical evidence could support it.
It appears that the trouble arose only on 9.5.2013 when Lakhvir Singh husband of the prosecutrix received missed calls and he made inquiry from the prosecutrix in this regard.
The prosecutrix made the statement to police on 11.5.2013.
She is recorded to have been discharged from Nursing Home at 4:30 p.m.on 11.5.2013.
Whereas the Investigating Officer had recorded in FIR that he recorded the statement of prosecutrix at 5:15 P.M.on 11.5.2013 in Vijay Nursing Home.
If the prosecutrix had consumed poison and she was in the Nursing Home then there is no reason why around the time of her discharge from the nursing Saini Reema 2014.03.12 13:19 I attest to the accuracy and integrity of this document Chandigarh CRA No.D-1508-DB of 2013 -5- home, she decided to lodge the complaint with the police and why she did not disclose to the Doctor earlier about the incident of rape and why she did not disclose to Doctor at the time of her admission or later during treatment that she has consumed poison.
During cross-examination prosecutrix had claimed that she had consumed some poisonous medicine.
However, it has not come in the statement of Dr.
Vijay Kumar-PW3 of Vijay Nursing Home that the Doctor had detected poison in the body of prosecutrix.
The possibility cannot be ruled out that the prosecutrix was having illicit relations with a young boy living in front of her house and when her husband got suspicious, she feigned to have taken the poisonous substance and got herself admitted in the Nursing Home where she claimed that she is having stomach ache.
Later on, after two days, for the reasons best known to her, she decided to disclose that she had taken some poisonous substance two days back which was not even detected by the Doctor during treatment.
Therefore, the entire prosecution case is doubtful.
Therefore, we come to the conclusion that the prosecution story was rightly disbelieved by learned Addl.
Sessions Judge, Sangrur.
From the foregoing discussion, we come to the conclusion that the judgment of learned Addl.
Sessions Judge, Saini Reema 2014.03.12 13:19 I attest to the accuracy and integrity of this document Chandigarh CRA No.D-1508-DB of 2013 -6- Sangrur, is well reasoned.
It is based on sound reasoning.
We do not find any illegality, infirmity or perversity in the judgment of learned Addl.
Sessions Judge, Sangrur.
As such, the present appeal stands dismissed summarily.
( SATISH KUMAR MITTAL) ( KULDIP SINGH ) JUDGE JUDGE1802.2014 reema Saini Reema 2014.03.12 13:19 I attest to the accuracy and integrity of this document Chandigarh