An appeal against conviction for rape was dismissed. The High Court held that the prosecutrix was tormented by her mother to shift blame, and the appellant was found guilty based on corroborative evidence and the victim’s initial statement.
Appeal dismissed; conviction and sentence affirmed.
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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517 + 201 CRA-D-871-DB-2014 (O&M) Reserved on: 16.11.2022 Date of Decision: 30.11.2022
SONU KUMAR
-Appellant
Versus
STATE OF PUNJAB
-Respondent
CORAM: HON’BLE MR. JUSTICE SURESHWAR THAKUR HON’BLE MR. JUSTICE KULDEEP TIWARI
Ms. Monika Jalota, Sr. DAG, Punjab.
KULDEEP TIWARI, J.
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FACTUAL MATRIX
PROCEEDINGS OF TRIAL COURT
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following paragraphs.
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(a) Age of prosecutrix .
(b) Whether the prosecutrix was subjected to
sexual assault?
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admits tip of finger with difficulty. Three vaginal swabs were taken, sealed and sent to Chemical Examiner along with blood stained undergarments in a sealed jar through police for detection of spermatozoa. ” She proved the photocopy of MLR as Ex.PA.
(c) Whether the appellant Sonu Kumar committed sexual assault upon the prosecutrix?
the testimonies of star witnesses of prosecution i.e. prosecutrix (PW2), complainant Gopal Morya (PW3), Geeta Devi (PW4), A.S.I. Ashwani Kumar (PW6) and Mrs. Girish, CJM, Gurdaspur (PW9).
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earlier statement under the threat of A.S.I. Ashwani Kumar, Investigation Officer (PW6). When the prosecutrix did not support the prosecution, she was cross-examined by learned Public Prosecutor for the State. Interestingly, when she was cross-examined by the learned Public Prosecutor, she categorically admitted that she has got recorded in her statement under Section 164 Cr.P.C. that Sonu removed her clothes and also removed her Pazama and then he committed wrong act with him. The relevant extract of the cross-examination of the prosecutrix is as under:-
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recorded her statement correctly before the learned Magistrate. However, when she was cross-examined by the learned defence counsel, she again resiled from her statement and again stated on same line as stated by her in examination-in-chief that she was subjected to rape by one person namely Raju and not by the appellant. Thereafter, on the request of the learned Public Prosecutor for the State, the prosecutrix was again reexamined by him and during the course of her re-examination, she deposed that one Raju had committed wrong act with her when all her siblings were present in the house. It was furthermore stated by her that there is only one room, where they are residing and on the said date, her father, i.e. the accused, was on his work and had returned at about 09:00 p.m. At last, she categorically admitted that her mother has come along with her to the Court and her mother has told her as to what to depose in the Court. (Emphasize specifically). The relevant extract of re-examination of the prosecutrix is as under:-
� When Raju committed wrong act with me, we all brothers and sister were present in the house. There is only one room, where we are residing. All my brothers and sisters were present in the room. My father had gone to his work place. When Raju committed wrong act with me, my brothers and sister were sleeping. All are younger to me. My father came back at about 09:00 p.m. I was made unconscious by Raju and was laid down at the roof. When my father came, I was unconscious. In the morning, I regained consciousness. Then I told my father that Raju had
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committed wrong act with me. My father dialed 100 to inform the police. The police did not come, then Gopal called police. Then police officials took away my father Sonu along with them. I had not informed my mother about the incident. My mother came from village on the day, when my father was sent to jail. I did not narrate the incident to my mother even after she returned. My mother also did not inquire from me as to what has happened to me. Today, my mother has come along with me to the Court. My mother has told me as to what to depose in the Court.”
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prosecutrix was under any pressure or duress while deposing before the Magistrate under Section 164 Cr.P.C.
She further categorically admitted that she had given her statement before the learned Magistrate voluntarily. (Emphasize specifically) .
The relevant extract of re-examination of the prosecutrix is as under:-
� Today, my mother has come along with me to the Court. My mother has told me as to what to depose in the Court.
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I left the Court along with my mother. My father and Gopal had never quarreled with each other. They had no enmity. I had given my statement before the learned Magistrate voluntarily.”
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admitted that during investigation, she got recovered one blood stained condom from the backside of television lying in her room and she produced the same before the police. The most interesting aspect of the statement of mother of the prosecutrix, which draws attention of this Court, is that she, neither in her examination-in-chief nor in her crossexamination, stated that her daughter was subjected to sexual assault by one Raju. This reflect complete contradiction in the statements of the prosecutrix and her mother with regard to the theory of sexual assault committed by one Raju instead of the appellant. We have to keep the admission by the prosecutrix in our mind that she was tutored by her mother.
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statement of prosecutrix after being satisfied that she is suffering her statement voluntarily. The relevant extract of statement of PW9 is as under:-
� Before recording the statement of prosecutrix, I checked the competency of the prosecutrix by putting questions to prosecutrix, who is minor of 7 years and I also satisfied that she is suffering her statement voluntarily. I have also explained to the prosecutrix that she is not bound to make the statement. Thereafter, I have recorded the statement of prosecutrix, which is Ex.PW9/A.”
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minor daughter. When the statement of prosecutrix was recorded under Section 161 Cr.P.C. on 19.06.2012, her mother was not present with her as she was at her native village. She returned from her native village only on 21.06.2012 and on 22.06.2012, the statement of prosecutrix was recorded before the learned Illaqa Magistrate, wherein she levelled unambiguous and specific allegations against the appellant. The mother of prosecutrix made no efforts to lodge any complaint regarding false implication of the present appellant. From 22.06.2012 to 21.10.2013, i.e. the period between nominating the appellant as the wrongdoer by the prosecutrix in her statement recorded before the learned Illaqa Magistrate and passing of order of sentence by the learned trial Court while holding the appellant guilty, the mother of prosecutrix did not approach any higher authority regarding false implication of the appellant. Therefore, in view of the above, this Court can safely conclude that the statement of prosecutrix, which was got recorded by her under Section 164 Cr.P.C., was without any coercion or duress.
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its version.
(SURESHWAR THAKUR) (KULDEEP TIWARI) JUDGE JUDGE
30.11.2022 ajay-1/devinder
Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
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2 issues framed by the court
Whether the conviction of the appellant for rape under Section 376 IPC, suppressing the criminal case to avoid penalty.
Whether the testimony of the prosecutrix regarding the assault by the appellant is reliable despite changing statements.
SONU KUMAR
STATE OF PUNJAB
SURESHWAR THAKUR
KULDEEP TIWARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
