Present: Mr. Kamal Joshi Advocate Vs. State of Haryana and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1155454
CourtPunjab and Haryana High Court
Decided OnJul-01-2014
AppellantPresent: Mr. Kamal Joshi Advocate
RespondentState of Haryana and Another
Excerpt:
cra-d-764-db-2014 (o&m) -1- in the high court of punjab and haryana at chandigarh ***** cra-d-764-db-2014 (o&m) date of decision:01. 07.2014 baby ....appellant versus state of haryana and another ....respondents coram: hon’ble mr. justice satish kumar mittal hon’ble mr. justice mahavir s. chauhan present: mr. kamal joshi, advocate, for the appellant. mahavir s. chauhan, j.by way of this appeal the appellant impugns correctness of findings of acquittal recorded by court of learned additional sessions judge, panchkula (for short 'trial court') in sessions case no.15 of 28.05.2013 vide judgment dated 23.12.2013 in favour of respondent no.2-balbir singh.2. though there is a delay of 39 days in filing this appeal and the applicant/appellant has filed application (crm no.14818 of 2014) for condoning the delay, yet we have heard learned counsel for the applicant/appellant on merit, and gone through the impugned order.3. we have heard learned counsel for the appellant and have also gone through the impugned judgment.4. learned counsel for the appellant has argued that the learned trial court has misread the evidence and has recorded self-contradictory findings. according to him, in the evidence available on record guilt of respondent no.2 virendra singh adhikari 2014.07.14 12:57 i attest to the accuracy and integrity of this document high court chandigarh cra-d-764-db-2014 (o&m) -2- is proved beyond reasonable doubt but the learned trial court has overlooked the evidence available on record.5. a perusal of the impugned judgment shows that the appellant made a complaint (exhibit pa) to station house officer, police station sector- 5, panchkula, and alleged therein that she had acquaintance with respondent no.2 for quite some time and about four years ago he had borrowed from her an amount of rs.2 lacs. at about 05:30 a.m. on 24.02.2013, respondent no.2 came to her and asked her to come to his room in public works department (pwd) office, where he was working as chowkidar, so as to resolve the matter pertaining to aforesaid loan amount. when she reached his room in the pwd office, respondent no.2 had already prepared tea for her. after taking which, she went unconscious and regained consciousness after about half an hour and found that respondent no.2 had removed her salwar and other clothes and was having sexually intercourse with her. when she objected to it, respondent no.2 threatened to kill her if she disclosed this episode to anyone.6. based on the aforesaid complaint, a first information report (exhibit ph) was recorded. matter was investigated into and on completion of investigation, respondent no.2 was challened and charge for an offence punishable under sections 376 and 506 of the indian penal code, 1806 (ipc, for short) was framed against him.7. respondent having pleaded not guilt to the charge and having claimed trial, prosecution examined as many as 15 witnesses. after evidence of the prosecution was complete, respondent no.2 was examined under section 313 of the criminal procedure code, 1973 (crpc, for short). he denied all the virendra singh adhikari 2014.07.14 12:57 i attest to the accuracy and integrity of this document high court chandigarh cra-d-764-db-2014 (o&m) -3- incriminating circumstances and reiterated plea of his innocence and false implication and examined ramesh pandey as dw1 and raj kumar as dw2 in his defence.8. learned trial court, after hearing the learned public prosecutor and the learned defence counsel and on appraisal of the evidence available on record came to a definite conclusion that the prosecution was not able to prove guilt of respondent no.2 and accordingly, acquitted him vide judgment dated 23.12.2013.9. though, it is argued by the learned counsel for the appellant that the learned trial court has misread and overlooked the material evidence available on record but a perusal of the impugned judgment reveals that the learned trial court has found version of the prosecution to be false on the basis of medical evidence which did not support its plea that the appellant was administered some sedative by mixing it in the tea as appellant's urine and blood test did not show presence of any sedative or alcohol etc. not only this, the learned trial court also found prosecution version that the appellant had lent an amount of rs.2 lacs to respondent no.2 to be false because as per her own admission she is employed at a salary of rs.600 per month and that being so, she could not be expected to have lent an amount of rs.2 lacs to respondent no.2. further, no evidence could be brought before the learned trial court in proof of the afore-stated alleged transaction.10. another circumstances, that weighed in the mind of the learned trial court to record a finding of acquittal in favour of respondent no.2 is that the appellant admitted in her deposition that she has been talking to respondent virendra singh adhikari 2014.07.14 12:57 i attest to the accuracy and integrity of this document high court chandigarh cra-d-764-db-2014 (o&m) -4- no.2 on phone for quite some time and it was only for the last about one year that she was not talking terms with him. further, it has come in medical evidence that when taken in medico-legal examination, she has already taken meals and was relaxed. this circumstance coupled with fact that she did not disclose the afore-stated occurrence to anybody, led the learned trial court to the conclusion that she was a consenting party to the sex act.11. learned counsel for the appellant has not been able to controvert the above cited very definite findings recorded by the learned trial court.12. in view of the above, we do not find any reason to interfere with the well reasoned findings recorded by the learned trial court.13. dismissed. (satish kumar mittal) (mahavir s. chauhan) judge judge0107.2014 adhikari virendra singh adhikari 2014.07.14 12:57 i attest to the accuracy and integrity of this document high court chandigarh
Judgment:

CRA-D-764-DB-2014 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRA-D-764-DB-2014 (O&M) Date of Decision:

01. 07.2014 Baby ....Appellant Versus State of Haryana and another ....Respondents CORAM: HON’BLE MR. JUSTICE SATISH KUMAR MITTAL HON’BLE MR. JUSTICE MAHAVIR S. CHAUHAN Present: Mr. Kamal Joshi, Advocate, for the appellant. MAHAVIR S. CHAUHAN, J.

By way of this appeal the appellant impugns correctness of findings of acquittal recorded by Court of learned Additional Sessions Judge, Panchkula (for short 'trial Court') in Sessions Case No.15 of 28.05.2013 vide judgment dated 23.12.2013 in favour of respondent No.2-Balbir Singh.

2. Though there is a delay of 39 days in filing this appeal and the applicant/appellant has filed application (CRM No.14818 of 2014) for condoning the delay, yet we have heard learned counsel for the applicant/appellant on merit, and gone through the impugned order.

3. We have heard learned counsel for the appellant and have also gone through the impugned judgment.

4. Learned counsel for the appellant has argued that the learned trial Court has misread the evidence and has recorded self-contradictory findings. According to him, in the evidence available on record guilt of respondent No.2 Virendra singh adhikari 2014.07.14 12:57 I attest to the accuracy and integrity of this document High Court Chandigarh CRA-D-764-DB-2014 (O&M) -2- is proved beyond reasonable doubt but the learned trial Court has overlooked the evidence available on record.

5. A perusal of the impugned judgment shows that the appellant made a complaint (Exhibit PA) to Station House Officer, Police Station Sector- 5, Panchkula, and alleged therein that she had acquaintance with respondent No.2 for quite some time and about four years ago he had borrowed from her an amount of Rs.2 lacs. At about 05:30 a.m. on 24.02.2013, respondent No.2 came to her and asked her to come to his room in Public Works Department (PWD) office, where he was working as Chowkidar, so as to resolve the matter pertaining to aforesaid loan amount. When she reached his room in the PWD office, respondent No.2 had already prepared tea for her. After taking which, she went unconscious and regained consciousness after about half an hour and found that respondent No.2 had removed her salwar and other clothes and was having sexually intercourse with her. When she objected to it, respondent No.2 threatened to kill her if she disclosed this episode to anyone.

6. Based on the aforesaid complaint, a First Information Report (Exhibit PH) was recorded. Matter was investigated into and on completion of investigation, respondent No.2 was challened and charge for an offence punishable under Sections 376 and 506 of the Indian Penal Code, 1806 (IPC, for short) was framed against him.

7. Respondent having pleaded not guilt to the charge and having claimed trial, prosecution examined as many as 15 witnesses. After evidence of the prosecution was complete, respondent No.2 was examined under Section 313 of the Criminal Procedure Code, 1973 (CrPC, for short). He denied all the Virendra singh adhikari 2014.07.14 12:57 I attest to the accuracy and integrity of this document High Court Chandigarh CRA-D-764-DB-2014 (O&M) -3- incriminating circumstances and reiterated plea of his innocence and false implication and examined Ramesh Pandey as DW1 and Raj Kumar as DW2 in his defence.

8. Learned trial Court, after hearing the learned Public Prosecutor and the learned defence counsel and on appraisal of the evidence available on record came to a definite conclusion that the prosecution was not able to prove guilt of respondent No.2 and accordingly, acquitted him vide judgment dated 23.12.2013.

9. Though, it is argued by the learned counsel for the appellant that the learned trial Court has misread and overlooked the material evidence available on record but a perusal of the impugned judgment reveals that the learned trial Court has found version of the prosecution to be false on the basis of medical evidence which did not support its plea that the appellant was administered some sedative by mixing it in the tea as appellant's urine and blood test did not show presence of any sedative or alcohol etc. Not only this, the learned trial Court also found prosecution version that the appellant had lent an amount of Rs.2 lacs to respondent No.2 to be false because as per her own admission she is employed at a salary of Rs.600 per month and that being so, she could not be expected to have lent an amount of Rs.2 lacs to respondent No.2. Further, no evidence could be brought before the learned trial Court in proof of the afore-stated alleged transaction.

10. Another circumstances, that weighed in the mind of the learned trial Court to record a finding of acquittal in favour of respondent No.2 is that the appellant admitted in her deposition that she has been talking to respondent Virendra singh adhikari 2014.07.14 12:57 I attest to the accuracy and integrity of this document High Court Chandigarh CRA-D-764-DB-2014 (O&M) -4- No.2 on phone for quite some time and it was only for the last about one year that she was not talking terms with him. Further, it has come in medical evidence that when taken in medico-legal examination, she has already taken meals and was relaxed. This circumstance coupled with fact that she did not disclose the afore-stated occurrence to anybody, led the learned trial Court to the conclusion that she was a consenting party to the sex act.

11. Learned counsel for the appellant has not been able to controvert the above cited very definite findings recorded by the learned trial Court.

12. In view of the above, we do not find any reason to interfere with the well reasoned findings recorded by the learned trial Court.

13. Dismissed. (SATISH KUMAR MITTAL) (MAHAVIR S. CHAUHAN) JUDGE JUDGE0107.2014 adhikari Virendra singh adhikari 2014.07.14 12:57 I attest to the accuracy and integrity of this document High Court Chandigarh