High Court dismissed criminal appeal against acquittal in rape and cheating case, finding voluntary relationship and marriage negated rape allegation and lack of evidence proved cheating crime.
Criminal Appeal No. 56 of 2018 dismissed confirming acquittal of accused.
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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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
[32se ]
WEDNESDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL
CRIMINAL APPEAL NO: 56 OF 2018
Appeal under Section 372(1) of Cr.P.C against the judgment dated 19.05.20'17 passed in Spl.SC.No.14 of 2016 on the file of the Court of the Speciat Judge for the Fast Tracking the Cases Relating to Atrocities Against Women, Adilabad.
Between:
Saggem RajaMani, Wo, Bude Swamy, Dio. Ankaiah, aged 24 ygars, OccHousehold, R/o. Kothur Village of Nennel Mandal, Adialbad District
AND
...APPELLANT/COMpLATNANT(pW-l )
...RESPONDENT/ACCUSED
...RESPONDENT/RESPONDENT
Counsel for the Appellant SRI PALLE SRIHARINATH
Counsel for the Respondent No.2: Ms. S. MADHAVI,
ASSISTANT PUBLIC PROSECUTOR
Counsel for the Respondent No.1: NONE APPEARED
The Court delivered the following: JUDGMENT
/.)
THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL
QRIMINALAPPEAL No.56 OE 2Ot8
JUDGMENT:
This appeal is preferred by the appellanr against the judgment dated l9-O5-2O17 in Spl.S.C.No. i4 of 2016 passed br, the le:rrned Special Judge lor the l.rial of cases under SC/STs (POA) Act-cum-V Addl. District zurd Sessions Judge, Adilabad FAC. Spl. Judge for the Fast Iracking the cases relating to Atrocities against Women, A<1ilabad (for short, "the trial Court") wherein and whereunder the learned Magistrate acquitted the accused for the offence under Sections 376 and 4lZ of IpC.
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intercourse for one year with a promise to marry her and as a result she became pregnant and when she demanded to marry her, the accused denied to marry and therefore, she filed the complaint against the accused.
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the acquittal. [Ram Kumar V State of Haryana AIR l99S
sc 28ol
9 In Mrinal Dcs Vs. State of Tripurat the Apex Court held as under:
"lt is clear that in an appeal against acquittal in the absence o[ perversity in the judgment and order, interference by this Court exercising its extraordinary jurisdiction is not warralrted. However, if the appeal is heard by an appellate court, being the fina.l court of fact, is fully competent to re-appreciate, reconsider, and review the evidence and take its own decision. In other words, law does not prescribe any limitation, restriction, or condition on the exercise of such power and the appellate court is free to arrive at its own conclusion keeping in mind that acquiLtal provides for a presumption in favour of the accused. The presumption of innocence is available to thc person ald in criminal jurisprudence, every persoa is presumed to be innocent unless he is proved guilty by the competent court. If two reasonable views are possible on the basis of the evidence on record, the appellate court should not disturb the findings of acquittal There is no limitation on the part of the appeliate court to review the evidence upon which the order o[ acquittal is found and to come to its own conclusion. The appellate court carr aiso review the conclusion arrived at by the trial Court with respect to both facts ald law. While dealing with the appeal against acquittal preferred by the State, it is the duty of the appellate court to marshal the entire evidence on record and only by giving cogent and adequate reasons to set
t(totlle scc 4zeit I
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aside thejudgment of acquittal. An order of acquitta-l is to be interfered with only when there are"compelling and substantial reasons" for cloing so. lf the order is"clearly unreasonable", it is a compelling reason for interference. When the trial Court has ignored the evidcnce or misrcad the material evider.ce or has ignored material documents like dying declaration / report of ba-llistic experts etc., the appellate court is competent tc reverse the decision of t}re trial Court depending on the rnaterials placed."
1n "376. Punishment for rape, (1) Whoever, except the cases provided for in sub-section (2), comtnits rape, shall be punished with rigorous imprisonment of either description for a. term which shal1 not be less than ten yea-rs, but which may extend to imprisonment lor life, and sha1l also be 1iable to fine
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(2) Whoever,-
(a) being a police officer, commits rape-
(i) within the limits of the police station to which such police officer is appointed; or
(ii) in the premises of any station house; or
(iii) on a woman in such police officer,s custody or in the custody of a police officer subordinate to such police officer; or
(b) being a public servant, commits rape on a womar in such public servant's custody or in the custody of a public servant subordinate to such public servant; or
(c) being a member of the armed forces deployed in an area by the Central or a State Government commits rape in such area; or
(d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women's or children's institution, commits rape on any inmate of such jail, remand home, place or institution; or
(e) being on the management or on the stalf of a hospital, commits rape on a woman in that hospital; i or I
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(f) being a relative, guardian or teacher of, or aperson in a position of trust or authority towardstl:re woman, commits rape on such woman; or
(g) commits rape during communal or sectarian violence; or
(h) commits rape on a woman knowing her to be pregnant; or
(i) commits rape on a woman when she is under sixteen years of age; or
(j) commits rape, on a woman incapable of giving consent; or
(k) being in a position of control or dominance over a woman, commits rape on such woman; or
(1) commits rape on a woman suffering frorn mental or physical disability; or
(m) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or
(n) commits rape repeatedly on the same woman, sha1l be punished with rigorous imprisonment lor a term which shall not be less than ten years, but 'which may extend to imprisonment for life, which shail mean
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imprisonment for the remainder of that person's natura-l life, and shall also be liable to fine.
(3) Whoever, commits rape on a woman under sixteen years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person,s natural life, and shall also be liable to fine.
Provided that such fine sha_ll be just and reasonable to meet the medical expenses and rehabilitation of the victim.
Provided further that any fine imposed under this subsection shall be paid to the victim.
Explanation.- For the purposes of this sub-section, -(a)"armedforces" means the naval, military and air forces and includes any member of the Armed Forces constituted under any law for the time being in force, including the paramilitar5z forces ald any auxiliary forces that are under the control of the Central Government or the State Government;
(b)"hospital" means the precincts of the hospital and f,ncludes the precincts of any institution for the t
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reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation;
(c)"poiice officer" shall have the same meaning as assigned to the expression "po1ice" under the Police Act, 186 1 ;
(d)"women's or children's institution" rneans an institution, whether called al orphanage or a home for neglected women or children or a widow's home or ar-r institution ca1led by any other narne, which is established and maintained for the reception ald care of women or children.
1 1. So, whatever the evidence adduced from the witnesses relating to the offence under Section 376IPC shall hx within the contours of the above section. No doubt it is true that there is a phl,sical relation between the apprerllant and respondent No,1. Upon which a boy was born who is named as Vignan. The evidence of Pwl before the trial Court is that the first respondent forcibly enjoyed her physiceLlly. This is at first instance. At another instance PwI states that she
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was gotng rn an auto and in the middle of her destination, the driver stopped the auto saying that there is a repair to the auto and the accused carne on a motorcycle arrd forcibly took her on the said motorcycle to the nearby forest and forcibly committed rape. she does not give the dates of these above two instances in her evidence. pwl stated in her evidence that she informed the two instalces to her farnily members. Pw2 states that when pwl fell sick, she took her to the hospitar and the doctor informed her that pwl was four months pregnant. pw2 states that she enqui.ed *ith Pwl and Pw1 informed her that the accused participated in sex with her forcibly promising to marry her. The triat Court in its judgment in clear terms observed that the conduct of Pw1 concealing her pregnancy till four . months and concealing the physical reration with the accused even from her parents shows that she had physical contact with the accused with consent otherwise she would have reacted by informing to her parents against the accused. Apart from that the evidence of pwl is that she has already committed a mistake with the accused and they both participated in sex. So, the statements made it clear that the accused and
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Pw1 had participated in sex voruntarily. when this is the evidence of pws I and, 2, it is not justiliable to say that the accused committed rape on her. The iirst and foremost attempt of making a complaint with her parentrj about the accused raping her is absent. Furthermore, pw t even failed to inform her parents about the second tirne physical contact with the accused. As per the evidence, it is clear that the parents came to know about the pregnancy of pw1 through the doctor r.l,ho examined pw 1 whe n she was brought to the hospital for treatment. Another important event is that pw.l alrd the accused married in tlLer presence of Velugu members. On a consideration of the r:,,,idence of Pw,l and Pw2 it is clear that pw I has participeLted in sex u,ith the accused voluntarily and that she became pregnant and after that pwl and the accused married. F\r,l was a major at the time of the incident. Consent as a del.ence to an allegation of rape requires volunta_ry participation.. pvr.1 is not a child, or a womarr of imbecile mind, or, a r.rzoman of not having worrdly knowledge. she is a prudent woman. When the accused approached her in the beginning to marry, she informed him that she wanted to focu$ on her
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studies. When such is the mental status of Pwl, the act of Pw1 not informing her parents or hling a complaint with the police cannot be taken as a casual move and it can be strongly construed that there is a voluntariness for the physical relationship with the accused. To bring homethe guilt of the accused for the offence under Section 376 IPC, the sexual intercourse must be under circumstalces falling under any of the clauses as shown above. Unfortunately, this case does not fall in any of the above clauses.
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accused, the accused would not have marrle,d pwl even subsequent to the filing of this case. At one stage, pwl admitted that she is not ready to join the society of the accused and that she filed a case under Sec. 498-A IpC. Anyu'ay, there is no concrete evidence to pror.e: the olfence under Sec. 417 IPC.
1 3. It is well settled law that in an apF,eal against acquittal, the appellate Court is circumscribed by the limitation th at no interference has to be marle with the order unless the approach made by the trial Court to the consideration of evidence is vitiated by some malifest illegality or rhe conclusion recorded by it is s,uch, w,hich could not har.e been possibly arrived at by any Court acting reasonably and judiciously and is, therefore, to be characterized as perverse. There is no embargo on the appellate Court in reviewing the evidence based on which an order of acqr-rittal can be passed. Generally, the order of acquittal shall not be interfered with because the presumption of innocence of the accused is further strengthened by acquittal. The golden thread which runs -./ -a
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through the web of administration of justice in criminal CASCS 15 that, if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other to his innocence, the view which is favourable to the accused should be adopted.
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Sessions Judge, Adilabad FAC: Spl. Judge lor the Fast
Tracking the cases
As a sequel thereto, Miscellaneous Petitions, if any,
pending shall stand closed.
Sd/- I. NAGA LAKSHMI UTY REGISTRAB--
//TRUE COPY//
SECTION OFFICER
To,
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Plp/gh
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HIGH COURT
DATED:0410912024
ORDER
CRLA.No.56 of 2018
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DISMISSING THE CRL.A.
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3 issues framed by the court
Whether the High Court should interfere with the order of acquittal on rape and cheating charges.
Whether the appellant's failure to involve parents and subsequent marriage negates the allegation of rape.
Whether the evidence establishes a false promise to marry under Section 417 IPC.
Colour shows how this judgement treated each authority
Ram Kumar v. State of HaryanaReferred¶44
Ram Kumar V State of Haryana AIR 1998 SC 2801 · Who else cites this
Mrinal Das vs. State of TripuraReferred¶46
Mrinal Das Vs. State of Tripura
Saggem RajaMani
Bude Swamy
State of Telangana
E.V. Venugopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
