The High Court dismissed criminal appeals filed by a rape and kidnapping convict. The court affirmed the lower court's conviction and sentence as the evidence proved the case beyond doubt.
The criminal appeals were dismissed to affirm the conviction and sentence of rigorous imprisonment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Criminal Appeal No.100-SB of 2001.
IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH
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Criminal Appeal No.100-SB of 2001.
Date of Decision: March 19, 2010.
Vishawa Nath ... Appellant
VERSUS State of Haryana ... Respondent
CORAM :
HON'BLE MR. JUSTICE MOHINDER PAL.
Present: None for the appellant.
Ms. Sushma Chopra, Additional Advocate General, Haryana.
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MOHINDER PAL, J.
This appeal is directed against the judgment of conviction dated 27.11.2000 and the sentence order dated 29.11.2000 whereby the appellant was convicted and sentenced under Sections 363-A and 377 of the Indian Penal Code
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Criminal Appeal No.100-SB of 2001.
(hereinafter referred to as `the Code'). On both the counts, the appellant was sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.2000/- in default whereof to undergo further rigorous imprisonment for four months.
Mr. Hemant Saini, Advocate, vide order dated 13.2.2001, passed by this Court, was appointed as an amicus curiae to represent the appellant in this case. Learned counsel for the appellant did not appear in Court when the matter was taken up for hearing in spite of the fact that his presence was requisitioned by the Reader of this Court by displaying his name in the notice board through the Computer installed in the Court.
I have heard the learned Additional Advocate General, Haryana, and have gone through the records of the case with her assistance.
It has been pointed out by the learned State counsel that the appellant has since completed his sentence.
The instant case was registered on the statement (Exhibit P.J) made by complainant Raj Kumar, who was about fourteen years old and a student of 6th class at the time of occurrence. Accused-appellant Vishawa Nath had given some intoxicant to complainant Raj Kumar by mixing it in `Parsad'. When the complainant regained senses he was at Delhi Bus Stand. There again, the appellant administered the complainant something due to which he again lost his senses. The appellant had then taken the complainant to his house at Haridwar. The accused-appellant compelled the complainant to seek alms. The
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Criminal Appeal No.100-SB of 2001.
appellant also used to do unnatural sex with the complainant. On 31.7.1999 the complainant escaped from the house of the accused. He narrated his tale to a young man at Haridwar. That young man brought the complainant from there and left him at Hansi Bus Stand. The complainant then went to his house and narrated his woes to his father.
Dr. S.K. Gupta (P.W.2) had medico-legally examined the appellant and opined that there was nothing to suggest that the appellant was incapable of performing the sexual intercourse. Dr. S.K. Gupta (P.W.2) also medico-legally examined complainant Raj Kumar. In view of the medico-legal report and the report of the Forensic Science Laboratory, Dr. S.K. Gupta opined that the possibility of sodomy on the person of complainant Raj Kumar could not be ruled. Dr.S.K. Gupta had also observed abrasions on the inner mucosa of annus of the complainant. It was further observed by the Doctor that prepuce was swollen and infected. Tek Chand (P.W.3), maternal uncle of complainant, Raj Kumar (P.W.4) complainant and Ram Lubhaya (P.W.5) father of the complainant deposed about the kidnapping/missing of the complainant. Complainant Raj Kumar (P.W.4) deposed about the facts as stated by him in his statement (Exhibit P.J) leading to the registration of the instant case against the accused-appellant. Sub Inspector Sube Singh (P.W.6) proved the statement (Exhibit P.J) of complainant Raj Kumar recorded by him. He further deposed about the investigation conducted by him. The evidence led by the prosecution proves the case of the prosecution against the
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Criminal Appeal No.100-SB of 2001.
accused-appellant beyond all reasonable doubts. The appellant could not prove any enmity between the complainant party and the accused which could have taken the complainant party to such an extent that honour and reputation of a boy in his teens and his family could be staked by them in order to falsely implicate the accused in such a heinous crime. It stands proved on record in certain terms that the appellant had kidnapped the complainant for the purposes of begging and act of penetration had been done by the appellant with the appellant.
In view of the above, the prosecution has been able to prove its case against the appellant beyond all shadows of reasonable doubts. The appellant has rightly been convicted and sentenced by the trial Court. This appeal is, accordingly, dismissed.
March 19, 2010. ak
( MOHINDER PAL ) JUDGE
1 issue framed by the court
Whether the criminal appeals against conviction and sentence under Section 363-A and 377 IPC should be allowed.
1 provisions across 1 enactments
Vishawa Nath
State of Haryana
MOHINDER PAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
