The High Court
Case Details
CRA-D-307-DB-2010 (O&M) ( 1 ) In The High Court for the States of Punjab and Haryana In The High Court for the States of Punjab and Haryana In The High Court for the States of Punjab and Haryana At Chandigarh At Chandigarh CRA-D-307-DB-2010 (O&M) CR Date of Decision:- 15.02.2025 Date of Decision Ramesh @ Meshi Ramesh @ Meshi State of Haryana State of Haryana Versus … Appellant ... Respondent CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL HON'BLE MR. JUSTICE GURVINDER SINGH GILL HON'BLE MR. JUSTICE JASJIT SINGH BEDI HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Navdeep Singh, Advocate, for Mr. Navdeep Singh, Advocate, for Mr. Randeep S. Dhull, Advocate, for the appellant. Mr. Randeep S. Dhull, Advocate, for the appellant. Mr. Munish Sharma, DAG, Haryana. Mr. Munish Sharma, DAG, Haryana. GURVINDER SINGH GILL, J. GURVINDER 1. Appellant – – Ramesh @ Meshi assails judgment dated 03.11.2008 assails judgment dated 03.11.2008 passed by the Additional Sessions Judge, Karnal vide which he has been found by the Additional Sessions Judge, Karnal vide which by the Additional Sessions Judge, Karnal vide which of having committed offence punishable under Sections 376, 452 & of having committed offence punishable under Sections guilty of having committed offence punishable under Sections 506 IPC and sentenced as under: 506 IPC and sentenced as Under Section - To undergo imprisonment for life and to pay a fine of To undergo imprisonment for life and to pay a fine of Under Section and in default of payment of fine to undergo further Rs.5000/- and in default of payment of fine to undergo further 376 IPC RI for three months Under Section - To undergo imprisonment for Under Section 452 IPC To undergo imprisonment for a period of five years and to pay and in default of payment of fine to undergo a fine of Rs.2000/- and in default of payment of fine to undergo further RI for two months Under Section - To undergo imprisonment for Under Section 506 IPC To undergo imprisonment for a period of one year and to pay a and in default of payment of fine to undergo fine of Rs.500/- and in default of payment of fine to undergo further RI for one month 2. The matter arises out of FIR No. 201 dated 02.10.2006 registered at Police matter arises out of FIR No.201 dated 02.10.2006 registered at Police Station Taraori, under Sections 376, 452, 506 IPC Station Taraori, under Sections 376, 452, 506 IPC, at the instance of VIMAL KUMAR 2025.02.15 14:10 I attest to the accuracy and integrity of this document CRA-D-307-DB-2010 (O&M) ( 2 ) Nirmala, mother of the prosecutrix, wherein she alleged that she and her Nirmala, mother of the prosecutrix, wherein she alleged that she and her Nirmala, mother of the prosecutrix, wherein she alleged that she and her 02.10.2006, her husband left for husband work as labourers and that on 02.10.2006, her husband left for husband work as work at about 8.00 AM and she also proceeded for work to work at about 8.00 A and she also proceeded for work to Anaj Mandi, ori leaving their three children at home. At about 3.00 PM, when she Taraori leaving their three children at home. At about 3.00 PM, when she ori leaving their three children at home. At about 3.00 PM, when she returned home, she heard cries of her eldest daughter (pro returned home, she heard cries of her eldest daughter (prosecutrix). She knocked at the door and from the door she saw that Ramesh @ Meshi was knocked at the door and from the door she saw that Ramesh @ Meshi was knocked at the door and from the door she saw that Ramesh @ Meshi was lying on her daughter (prosecutrix) committing sexual intercourse. She lying on her daughter (prosecutrix) committing sexual intercourse. lying on her daughter (prosecutrix) committing sexual intercourse. raised alarm upon which Ramesh @ Meshi, who is their neighbourer ran raised alarm upon which Ramesh @ Meshi, who is their neighbourer ran raised alarm upon which Ramesh @ Meshi, who is their neighbourer ran complainant’s daughter (prosecutrix) away after pushing her. The complainant’s daughter (prosecutrix) away after pushing her. The that she had been raped by the accused. The complainant disclosed to her that she had been raped by the accused. The complainant disclosed to her further stated therein that while leaving, Ramesh @ Meshi issued threats further stated therein that while leaving, Ramesh @ Meshi issued threats further stated therein that while leaving, Ramesh @ Meshi issued threats r. that in case the incident was disclosed to anybody, then he will kill her. that in case the incident was disclosed to anybody, then he will kill he that in case the incident was disclosed to anybody, then he will kill he (lower worn by the ladies) was The complainant noticed that ‘Salwar’ (lower worn by the ladies) was The complainant noticed that ‘ stained with blood. At about 5.00 PM, when complainant’s husband stained with blood. At about 5.00 PM, when complainant’s husband stained with blood. At about 5.00 PM, when complainant’s husband ed about the incident and thereafter, the returned home, he was apprised about the incident and thereafter, the returned home, he was appri complainant, the prosecutrix and her husband proceeded towards Police complainant, the prosecutrix and her husband complainant, the prosecutrix and her husband Station, and while on the way met SI/SHO Braham Singh at Sonkra and while on the way met SI/SHO Braham Singh at Sonkra Bridge, who recorded the statement of the complainant. Bridge, who recorded the statement of the complainant. Bridge, who recorded the statement of the complainant. 3.
Facts
matter was investigated by the police Pursuant to lodging of FIR, the matter was investigated by the police Pursuant to lodging of FIR, the visited the spot and prepared rough during the course of which the police visited the spot and prepared rough during the course of which the police 18. Broken piece of bangle found lying at the spot was also site plan Ex.P-18. Broken piece of bangle found lying at the spot was also site plan Ex.P taken into possession. The prosecutrix was got medically examined from taken into possession. The prosecutrix was got medically examined from taken into possession. The prosecutrix was got medically examined from the Civil Hospital. The clothes of the prosecutrix were sealed and sen the Civil Hospital. The clothes of the prosecutrix were sealed and sent to FSL. The accused was arrested on 02.10.2006 itself. Statements of the FSL. The accused was arrested on 02.10.2006 itself. Statements of the FSL. The accused was arrested on 02.10.2006 itself. Statements of the witnesses were recorded in terms of Section 161 Cr.P.C. witnesses were recorded in terms of Section 161 Cr.P.C. witnesses were recorded in terms of Section 161 Cr.P.C. VIMAL KUMAR 2025.02.15 14:10 I attest to the accuracy and integrity of this document CRA-D-307-DB-2010 (O&M) ( 3 ) 4. Upon conclusion of investigation, conclusion of investigation, challan was presented against challan was presented against the accused/appellant in the Court of Illaqa Magistrate, accused/appellant in the Court of Magistrate, who committed the case to the Court of Sessions. Learned Additional case to the Court of Sessions Additional Sessions Judge, Karnal framed charges against the accused for offences punishable under framed charges against the accused for offence framed charges against the accused for offence Sections 376, 452, 506 IPC 376, 452, 506 IPC on 20.03.2007 20.03.2007 to which the accused pleaded not guilty and claimed trial. not guilty and 5. The prosecution in order to establish its case examined as many as 13 The prosecution in order to establish its case examined as many as The prosecution in order to establish its case examined as many as The gist of their statements is briefly referred to hereinunder:- The gist of their statements is briefly referred to hereinunder: PWs. The gist of their statements is briefly referred to hereinunder: Dr. Kishan Kant, Medical Officer, HC Taraori, stated that on PW-1 Dr. Kishan Kant, Medical Officer, HC Taraori, stated that on Dr. Kishan Kant, Medical Officer, HC Taraori, stated that on 02.10.2006, he had medically examined Ramesh @ Meshi, who 02.10.2006, he had medically examined Ramesh @ Meshi, who 02.10.2006, he had medically examined Ramesh @ Meshi, who had been brought to the hospital by SI/SHO Braham Singh and had been brought to the hospital by SI/SHO had been brought to the hospital by SI/SHO that upon medical examination, he opined that Ramesh @ Meshi that upon medical examination, he opined that Ramesh @ Meshi that upon medical examination, he opined that Ramesh @ Meshi was capable of performing sexual intercourse. was capable of performing sexual intercourse. was capable of performing sexual intercourse. PW-2 Dr. Anju stated that 02.10.2006, she had examined the Dr. Anju stated that on 02.10.2006, she had examined the prosecutrix and had found that hymen had been torn and margins prosecutrix and had found that hymen had been torn prosecutrix and had found that hymen had been torn abraded and bleeding was present. abraded and bleeding was present. She opined that there was every possibility that it was a case of sexual assault. She proved every possibility that it was a case of sexual assault. every possibility that it was a case of sexual assault. the MLR as Ex.P4. the MLR as Ex.P4. PW-3 EHC 02.10.2006, he was posted on EHC Satbir Singh stated that on 02.10.2006, he was posted on general duty at Police Station Taraori and had been entrusted with general duty at Police Station Taraori and had been entrusted with general duty at Police Station Taraori and had been entrusted with 3 envelopes by ASI Ishwar Singh 3 envelopes by ASI Ishwar Singh with a direction to deliver the same to the Illaqa Magistrate, SSP, Karnal and to DSP, which he same to the Illaqa Magistrate, SSP, Karnal and to DSP same to the Illaqa Magistrate, SSP, Karnal and to DSP accordingly delivered. acco PW-4 ASI Ishwar Singh ASI Ishwar Singh stated that on 06.10.2006 06.10.2006, he was posted as ASI Police Station Taraori and that upon receipt of written ruqa Police Station Taraori and that upon receipt of written Police Station Taraori and that upon receipt of written (Ex.P5) sent by SI/SHO Braham Singh, he had recorded formal (Ex.P5) sent by SI/SHO Braham Singh, he had recorded formal (Ex.P5) sent by SI/SHO Braham Singh, he had recorded formal FIR Ex.P6 and had thereafter handed over FIR Ex.P6 and had handed over 3 envelopes containing VIMAL KUMAR 2025.02.15 14:10 I attest to the accuracy and integrity of this document CRA-D-307-DB-2010 (O&M) ( 4 ) special report to EHC Satbir Singh for the purpose of delivering special report to EHC Satbir Singh for the purpose of delivering special report to EHC Satbir Singh for the purpose of delivering the same to the Illaqa Magistrate and to senior police officers. the same to the Illaqa Magistrate and to senior police officers. the same to the Illaqa Magistrate and to senior police officers. PW-5 Vir Shakti Singh Vir Shakti Singh, Draftsman, stated that on stated that on 08.10.2006, he was and that on the request of ASI posted in Police Lines, Karnal and that on the request of ASI posted in Police Lines, Karnal Jasbir Singh, he had visited the place of occurrence and had Jasbir Singh, he had visited the place of occurrence and had Jasbir Singh, he had visited the place of occurrence and had prepared site plan Ex.P7. prepared site plan Ex.P7. PW-6 ASI Jasbir Singh stated that on 02.10.2006, he was posted as ASI ASI Jasbir Singh stated that on 02.10.2006, he was posted as ASI at Police Station Taraori and that on the said day, he had taken the at Police Station Taraori and that on the said day, he had taken t at Police Station Taraori and that on the said day, he had taken t prosecutrix to the hospital for her medical examination and that prosecutrix to the hospital for her medical examination and that prosecutrix to the hospital for her medical examination and that after the medical examination was conduct after he medical examination was conducted, Dr. Anju handed copy of MLR and other sealed parcels, which were taken over a copy of MLR and other sealed parcels, which were taken over a into possession. into possession. PW-7 HC Parveen Kumar stated that on 02.10.2006 while he was posted HC Parveen Kumar stated that on 02.10.2006 while he was posted at CHC Taraori, he was associated with investigation of the case at CHC Taraori, he was associated with investigation of the case at CHC Taraori, he was associated with investigation of the case and that after medical examination of the prosecutrix, the Doctor and that after medical examination of the prosecutrix, the Doctor and that after medical examination of the prosecutrix, the Doctor had handed over a sealed parcel alongwith envelope and a sample had handed over a sealed parcel alongwith envelope and a sample had handed over a sealed parcel alongwith envelope and a sample seal, which he delivered to SI Braham Singh on the same day. seal, which he delivered to SI Braham Singh on the same day. Nirmala (complainant) at whose instance FIR was lodged stated PW-8 Nirmala (complainant) at whose instance FIR was lodged stated Nirmala (complainant) at whose instance FIR was lodged stated in tune with the version recorded in the FIR. She categorically in tune with the version recorded in the FIR. She categorically in tune with the version recorded in the FIR. She categorically 02.10.2006, when she returned home from work at stated that on 02.10.2006, when she returned home from work at stated that on es of her daughter and when she went about 3.00 PM, she heard cries of her daughter and when she went about 3.00 PM, she heard cri inside the room, she saw that Ramesh @ Meshi was raping her inside the room, she saw that Ramesh @ Meshi was raping her inside the room, she saw that Ramesh @ Meshi was raping her and that thereafter the accused ran away after pushing daughter and that thereafter the accused ran away after pushing daughter her and while issuing threats of dire consequences in case she her and while issuing threats of dire consequences in case she her and while issuing threats of dire consequences in case she anybody. disclosed about the incident to anybody. disclosed about the incident to Prosecutrix fully supported the case of the prosecution while Prosecutrix fully supported the case of the prosecution PW-9 Prosecutrix fully supported the case of the prosecution stating in tune with the statement made by the complainant i.e. her stating in tune with the statement made by the complainant i.e. her stating in tune with the statement made by the complainant i.e. her mother to the effect that on the day of occurrence while her mother to the effect that on the day of occurrence while her mother to the effect that on the day of occurrence while her , she had been raped by the accused parents were away for work, she had been raped by the accused parents were away VIMAL KUMAR 2025.02.15 14:10 I attest to the accuracy and integrity of this document CRA-D-307-DB-2010 (O&M) ( 5 ) and that when her mother returned, and that returned, the accused ran away pushing aside her mother and that he (accused) aside her mother and that he (accused) also threatened her that in case she disclosed about the incident to anyone, he would kill her. case she disclosed about the incident to any case she disclosed about the incident to any PW-10 Dr. Lajja Ra m, who had radiologically examined the prosecutrix Dr. Lajja Ram, who had radiologically examined the prosecutrix to determine her age, opined that she was aged about 15 years. to determine her age, opined that she was aged about 15 years. to determine her age, opined that she was aged about 15 years. to determine her age, opined that she was aged about 15 years. He proved his report as Ex.P-11. He proved his report as Ex.P PW-11 HC Sher Singh, who s a formal witness, tendered his affidavit HC Sher Singh, who is a formal witness, tendered his affidavit Ex.P-17 in evidence, wherein he deposed that on Ex.P 17 in evidence, wherein he deposed that on 02.10.2006, he was posted as MHC and that on the said day, SI/SHO Braham was posted as MHC and that on the said day, SI/SHO Braham was posted as MHC and that on the said day, SI/SHO Braham Singh had deposited parcel containing broken bangle, parcel Singh had deposited parcel containing broken bangle, parcel Singh had deposited parcel containing broken bangle, parcel x, parcel of vial of swab, an containing clothes of prosecutrix, parcel of vial of swab, an containing clothes of prosecutri envelope addressed envelope addressed envelope addressed to Director, FSL, Madhuban, parcel to Director, FSL, Madhuban, parcel to Director, FSL, Madhuban, parcel containing underwear of accused, another envelope addressed to containing underwear of accused, another envelope addressed to containing underwear of accused, another envelope addressed to the Director, FSL, Madhuban and two sample seals. He further the Director, FSL, Madhuban and two sample seals. He further the Director, FSL, Madhuban and two sample seals. He further deposed that on 09.10.2006, the case property w deposed that on 09.10.2006, the case property was handed over to Constable Ashok Kumar for the purpose of depositing the same in Constable Ashok Kumar for the purpose of depositing the same in Constable Ashok Kumar for the purpose of depositing the same in the office of Director, FSL, Madhuban, which was accordingly the office of Director, FSL, Madhuban, which was accordingly the office of Director, FSL, Madhuban, which was accordingly deposited. He further deposed that as long as case property deposited. He further deposed that as long as case property deposited. He further deposed that as long as case property remained in his possession, the same were not tampered with. remained in his possession, the same were not tamper remained in his possession, the same were not tamper Constable Ashok Kumar stated that on 09.10.2006, he was posted Constable Ashok Kumar stated that on PW-12 Constable Ashok Kumar stated that on on General Duty in Police Station Taraori and on the said day, on General Duty in Police Station Taraori and on the said day, on General Duty in Police Station Taraori and on the said day, MHC Sher Singh had handed over to him the parcels for MHC Sher Singh had handed over MHC Sher Singh had handed over depositing the same with FSL, Madhuban depositing the same with FSL, Madhuban, which he deposited on the same day and that as long as the parcels remained in his the same day and that as long as the same day and that as long as possession, the same were not tampered with. possession, the same were not tampered with. possession, the same were not tampered with. PW-13 Inspector Inspector Braham Singh stated that on stated that on 02.10.2006, he was posted as SHO, Police Station Taraori and that on the said day, Nirmala as SHO, Police Station Taraori and that on the said day, Nirmala as SHO, Police Station Taraori and that on the said day, Nirmala alongwith her husband and daughter had met him at Sonkra Devi alongwith her husband and daughter had met him at Sonkra Devi and had got her statement (Ex.P5) recorded on the culvert (bridge) and had got her statement (Ex.P5) recorded on the culvert (bridge) basis of which FIR was lodged. He stated in detail with regard to basis of which FIR was lodged. He stated in detail with regard to basis of which FIR was lodged. He stated in detail with regard to VIMAL KUMAR 2025.02.15 14:10 I attest to the accuracy and integrity of this document CRA-D-307-DB-2010 (O&M) ( 6 ) the investigation conducted in the matter and proved various the investigation conducted in the matter and proved various the investigation conducted in the matter and proved various ments/memos prepared during the course of the same. He documents/memos prepared during the course of the same. He docu stated that upon conclusion of investigation, he had prepared stated that upon conclusion of investigation, he had prepared stated that upon conclusion of investigation, he had prepared report under Section 173 Cr.P.C. report under Section 173 Cr.P.C. 6. Upon closure of the prosecution evidence, statement of accused was Upon closure of the prosecution evidence, statement of accused w Upon closure of the prosecution evidence, statement of accused w recorded in terms of Section 313 Cr.P.C., recorded in terms of Section 313 wherein he denied the case of prosecution and pleaded false implication. In his defence, accused prosecution and pleaded false implication. prosecution and pleaded false implication. examined DW DW-1 Jeeto, who stated that Nirmala Devi (complainant) , who stated that Nirmala Devi (complainant) is her real sister and that on 02.10.2006, she alongwith real sister and that longwith other members of her family and neighbourer was present in front of her house and had not seen and neighbourer was present in front of her house and had not seen any untoward incident in the house of Nirmala. She further stated that on any untoward incident in the house of Nirmala. She further stated that on any untoward incident in the house of Nirmala. She further stated that on the day of occurrence, she was not called by any police official and it was the day of occurrence, she was not called by any police official and it was the day of occurrence, she was not called by any police official and it was after about 2-3 days, she was taken to the Police Station by after about 2 the Police Station by her sister where her signatures were taken on blank papers. She further Nirmala where her signatures were taken on blank papers. She further where her signatures were taken on blank papers. She further stated that Nirmala was having a dispute with Ramesh regarding some stated that Nirmala was having a dispute with Ramesh regarding some stated that Nirmala was having a dispute with Ramesh regarding some amount, which was borrowed by her. amount, which was borrowed by her. 7. The learned trial Court, upon marshalling the evidence on record, held The learned trial Court, upon marshalling the evidence on record, The learned trial Court, upon marshalling the evidence on record, that the prosecution had successfully proved charges that the prosecution had successfu y proved charges framed against the accused under Sections 376, 452 & 506 IPC and sentenced him to accused under Sections 376, 452 & 506 IPC and sentenced him to accused under Sections 376, 452 & 506 IPC and sentenced him to undergo imprisonment, as mentioned above. Aggrieved by the said undergo imprisonment, as mentioned above. undergo imprisonment, as mentioned above. judgment dated 03.11.2008, the accused ha judgment dated , the accused has preferred the instant appeal assailing the findings of the trial Court. assailing the findings of the trial Court. 8. for the appellant, while assailing the impugned Learned counsel for the appellant, while assailing the impugned Learned counsel judgment, submitted that he has falsely been implicated in the present judgment, submitted that he has falsely been implicated judgment, submitted that he has falsely been implicated VIMAL KUMAR 2025.02.15 14:10 I attest to the accuracy and integrity of this document CRA-D-307-DB-2010 (O&M) ( 7 ) case and that the complainant has deposed falsely against the appellant case and that the complainant has deposed falsely against the appellant case and that the complainant has deposed falsely against the appellant and her presence at the spot is highly doubtful. It has been submitted that and her presence at the spot is highly doubtful. and her presence at the spot is highly doubtful. even the testimony of the prosecutrix i.e. PW-9 suffers from various even the testimony of the prosecutrix i.e. PW even the testimony of the prosecutrix i.e. PW that she had also deposed falsely. It has been discrepancies which show that she had also deposed falsely. It has been discrepancies which submitted that there are various inconsistencies as regards the place and submitted that there are various inconsistencies as regards the place and submitted that there are various inconsistencies as regards the place and time of occurrence, which go to the root of the case and under these time of occurrence, which go to the root of the case and under these time of occurrence, which go to the root of the case and under these circumstances, conviction of the appellant could not sustain and was circumstances, conviction of the appellant could not sustain an circumstances, conviction of the appellant could not sustain an liable to be set aside. liable to be set aside. 9. Opposing the appeal, learned State counsel submitted that the complainant Opposing the appeal, learned State counsel submitted that Opposing the appeal, learned State counsel submitted that and the prosecutrix have both stated consistently on all the material and the prosecutrix have both stated consistently on all the material and the prosecutrix have both stated consistently on all the material aspects of the case and that the medical evidence also fully corroborates aspects of the case and that the medical evidence also fully corroborates aspects of the case and that the medical evidence also fully corroborates the ocular version and that there is no infirmity in the findings recorded the ocular version and that there is no infirmity the ocular version and that there is no infirmity any interference. by the trial Court, which may warrant any interference. by the trial Court We have considered rival submissions addressed before this Court and 10. We have considered rival submissions addressed before this Court and We have considered rival submissions addressed before this Court and
Legal Reasoning
Upon perusal of the site plan, we find that a plan, we find that a verandah does exist outside acent to the room where occurrence took place. The site plan the room adjacent to the room where occurrence took place. The site plan the room adj the house has a main door, whereas the rooms do not have a shows that the house has a main door, whereas the rooms do not have a shows that door. When the complainant refers to peep through the door, obviously it door. When the complainant refers to peep through the door, obviously it door. When the complainant refers to peep through the door, obviously it was the main door she would have been referring to. In any case, such was the main door she would have been referring to. In any case, such was the main door she would have been referring to. In any case, such like inconsistencies or discrepancies do not erode t like inconsistencies or discrepancies do not erode the credibility of the particularly when the testimonies of the prosecutrix and prosecution story particularly when the testimonies of the prosecutrix and prosecution story of the complainant are consistent on all the material aspects pertaining to of the complainant are consistent on all the material aspects pertaining to of the complainant are consistent on all the material aspects pertaining to the allegation of rape. the allegation of rape VIMAL KUMAR 2025.02.15 14:10 I attest to the accuracy and integrity of this document CRA-D-307-DB-2010 (O&M) ( 10 ) 15. Apart from the aforesaid ocular version, the case of th Apart from the aforesaid ocular version, the case of the prosecution stands Apart from the aforesaid ocular version, the case of th fully supported and fortified from the medical evidence in the shape of fully supported and fortified from the medical evidence in the shape of fully supported and fortified from the medical evidence in the shape of , who had medically examined the prosecutrix statement of PW-2 Dr. Anju, who had medically examined the prosecutrix statement of PW on the day of occurrence itself. The relevant extract from her statement is on the day of occurrence itself. The relevant extract from her statement is on the day of occurrence itself. The relevant extract from her statement is reproduced hereinunder: reproduced here “On examination injury No.1 slight swelling with redness present “On examination injury No.1 slight swelling with redness present on the upper lip. on the upper lip. Secondary sexual characters well developed. Examination of Secondary sexual characters well developed. Examination of breast; Bilaternal breast on both sides well developed. Axilliary hairs breast; Bilaternal breast on both sides well developed. Axilliary breast; Bilaternal breast on both sides well developed. Axilliary developed. No mark of injury present anywhere on breast. developed. No mark of injury present anywhere on breast. developed. No mark of injury present anywhere on breast. Per Abdomen Examination: Soft no fresh mark of injury present Per Abdomen Examination: Soft no fresh mark of injury present Per Abdomen Examination: Soft no fresh mark of injury present anywhere. anywhere. Menstral history: No menarchae then local examination genitalia. Pubic Menstral history: No menarchae then local examination genitalia. Pubic Menstral history: No menarchae then local examination genitalia. Pubic hairs developed. Not matted. No fresh mark of injuries present on hairs developed. Not matted. No fresh ma hairs developed. Not matted. No fresh ma thighs and external genitial ogans. Labia are opened by gentle traction thighs and external genitial ogans. Labia are opened by gentle traction thighs and external genitial ogans. Labia are opened by gentle traction only. Hymen is torn posterialy and in the middle of the hymen. only. and in the middle of the hymen. Torn hymen margins abraded red bleed on touch and congested. Per vaginal hymen margins abraded red bleed on touch hymen margins abraded red bleed on touch al orifice admits one finger easily and the fingers examination: Vaginal orifice admits one finger easily and the fingers examination: Vagin with slight difficulty as the patient feeling pain. Uterus is Nulliparous with slight difficulty as the patient feeling pain. Uterus is Nulliparous with slight difficulty as the patient feeling pain. Uterus is Nulliparous size anteverted slight bleeding present size anteverted slight bleeding present on fingers of gloves during vaginal examination…………. vaginal examination…………. In my opinion: there is the every possibility that it was the case of In my opinion: there is the every p sexual assault.” sexual assault. The aforesaid witness was briefly cross-examined on behalf of the The aforesaid witness was briefly cross 16. The aforesaid witness was briefly cross accused, but nothing substantial could be elicited so as to doubt either the accused, but nothing substantial could be elicited so as to doubt either the accused, but nothing substantial could be elicited so as to doubt either the veracity or her opinion. As such, we find that the medical evidence is veracity or her opinion. As such, we find that the medic veracity or her opinion. As such, we find that the medic fully in consonance with the case of the prosecution to the effect that the fully in consonance with the case of the prosecution to the effect that the fully in consonance with the case of the prosecution to the effect that the prosecutrix had been subjected to forcible intercourse. prosecutrix had been subjected to forcible intercourse. prosecutrix had been subjected to forcible intercourse. VIMAL KUMAR 2025.02.15 14:10 I attest to the accuracy and integrity of this document CRA-D-307-DB-2010 (O&M) ( 11 ) 17. The witness examined by the accused i.e. he witness examined by the accused i.e. DW-1 Jeeto does not advance he witness examined by the accused i.e. Although some suggestion had been given to his case in any manner. Although some suggestion had been given to his case in any manner. PW-8 Nirmala ( 8 Nirmala (complainant) during her cross cross-examination that in fact the ir with someone else, who had committed prosecutrix was having an affair with someone else, who had committed prosecutrix was having an aff aid suggestion was denied and in any case is a the offence, but the said suggestion was denied and in any case is a the offence, but the ollow suggestion without there being any evidence to substantiate the ollow suggestion without there being any evidence to substantiate th hollow suggestion without there being any evidence to substantiate th same. 18. In view of the aforestated discussion, we do not find any ground to take a In view of the aforestated discussion, we do not find any ground to take a In view of the aforestated discussion, we do not find any ground to take a view different from the one taken by the trial Court as regards the guilt of different from the one taken by the trial Court as regards the guilt of ecution has fully established the charges framed the accused. The prosecution has fully established the charges framed the accused. The pros against the accused by leading ocular and medical evidence. The sentence against the accused by leading ocular and medical evidence. The sentence against the accused by leading ocular and medical evidence. The sentence as imposed by the trial Court is also commensurate with the heinous as imposed by the trial Court is also commensurate with the heinous as imposed by the trial Court is also commensurate with the heinous offence coupled with the fact that the appellant was a previous offence coupled with the fact that the appellant was nature of offence coupled with the fact that the appellant was in respect of FIR No.162 dated 12.07.2000 convict having been convicted in respect of FIR No.162 dated 12.07.2000 convict having been registered at Police Station Sadar Pipli, District Kurukshetra under registered at Police Station Sadar Pipli, District Kurukshetra under registered at Police Station Sadar Pipli, District Kurukshetra under Section 302 IPC 302 IPC and was undergoing life sentence. and was undergoing life sentence. Finding no merit in the appeal, the same is hereby dismissed. the appeal, the same is hereby dismissed. A copy of this judgment be sent to the quarters concerned for necessary 19. A copy of this judgment be sent to the quarters concerned for necessary A copy of this judgment be sent to the quarters concerned for necessary compliance. compliance. GURVINDER SINGH GILL) (GURVINDER SINGH GILL JUDGE 15.02.2025 Vimal (JASJIT SINGH BEDI) JUDGE Whether speaking/reasoned: Whether reportable: Yes/No Yes/No VIMAL KUMAR 2025.02.15 14:10 I attest to the accuracy and integrity of this document
Arguments
with the assistance of learned counsel have also perused the record of the with the assistance of learned counsel have also perused the record of the with the assistance of learned counsel have also perused the record of the case. The case of the prosecution regarding the charges of rape by the appellant The case of the prosecution regarding the charges of rape 11. The case of the prosecution regarding the charges of rape mainly rests on the testimonies of prosecutrix and of her mother apart mainly rests on the testimonies of prosecutrix and of her mother apart mainly rests on the testimonies of prosecutrix and of her mother apart from the medical evidence. As per the prosecution, the prosecutrix was from the medical evidence. As per the prosecution, the prosecutrix was from the medical evidence. As per the prosecution, the prosecutrix was aged about 11-12 years. Ossification test for determining the age aged about 11 12 years. Ossification test for determining the age of the prosecutrix was conducted and as per the opinion of PW prosecutrix was conduc ted and as per the opinion of PW-10 Dr. Lajja , the age of the prosecutrix was opined about 15 years. The Ram, the age of the prosecutrix was opined about 15 years. The , the age of the prosecutrix was opined about 15 years. The prosecutrix while in the witness-box as PW prosecutrix while in the witness box as PW-9 stated in clear and VIMAL KUMAR 2025.02.15 14:10 I attest to the accuracy and integrity of this document CRA-D-307-DB-2010 (O&M) ( 8 ) unambiguous terms that on the day of occurrence i.e. on 02.10.2006 on unambiguous terms that on the day of occurrence i.e. on unambiguous terms that on the day of occurrence i.e. on the day of Dus , while her parents were away, accused Ramesh came Dussehra, while her parents were away, accused Ramesh came to her house at about 3.00 PM and asked for water and when she did not to her house at about 3.00 PM and asked for water and when she did not to her house at about 3.00 PM and asked for water and when she did not water, he forcibly lifted her and took her inside a room and raped her. give water, he forcibly lifted her and took her inside a room and raped her. water, he forcibly lifted her and took her inside a room and raped her. water, he forcibly lifted her and took her inside a room and raped her. She stated that he took off her clothes as well as his own clothes and that She stated that he took off her clothes as well She stated that he took off her clothes as well she was crying and had raised alarm and she was crying and raised alarm and when her mother came, she narrated the incident to her. She further stated that immediately when her narrated the incident to her. She further stated that immediately when her narrated the incident to her. She further stated that immediately when her mother had entered the room by opening the door, the accused pushed her mother had entered the room by opening the door, the accused pushed her mother had entered the room by opening the door, the accused pushed her away from the spot. She further stated that the accused aside and ran away from the spot. She further stated that the accused aside and ran threatened that in case she disclosed about the incident to anyone, he will threatened that in case she disclosed about the incident to any threatened that in case she disclosed about the incident to any She stated that when her father returned home, she alongwith her She stated that when her father returned home, she alongwith kill her. She stated that when her father returned home, she alongwith parents went towards Police Station and met the police at Sonkara pulia parents went towards Police Station and met the police at Sonkara parents went towards Police Station and met the police at Sonkara (bridge) where their statements were recorded. where their statements were recorded. 8 Nirmala (complainant) has also stated consistently as regards the 12. PW-8 Nirmala (complainant) has also stated consistently as regards the 8 Nirmala (complainant) has also stated consistently as regards the case of prosecution. She stated that at about 3.00 PM, when she returned case of prosecution. She stated that at about 3.00 PM, case of prosecution. She stated that at about 3.00 PM, home, she heard cries of her daughter and when she went inside the room, home, she heard cries of her daughter and when she went inside the room, home, she heard cries of her daughter and when she went inside the room, she saw that Ramesh was lying over her daughter and committing rape. she saw that Ramesh was lying over her daughter and committing rape. she saw that Ramesh was lying over her daughter and committing rape. she saw that Ramesh was lying over her daughter and committing rape. She stated that while her daughter was completely naked, the accused had She stated that while her daughter was completely naked, the accused had She stated that while her daughter was completely naked, the accused had taken off his pant, but was wearing his shirt. taken off his pant, bu t was wearing his shirt. She stated that she had initially peeped through the door and when she went inside, the accused initially peeped through the door and when she went inside, the accused initially peeped through the door and when she went inside, the accused her and ran away from the spot while issuing threats of dire pushed her and ran away from the spot while issuing threats of dire her and ran away from the spot while issuing threats of dire consequences to her. She stated that when her husband returned home, consequences to her. She stated that when her consequences to her. She stated that when her she alongwith her husband and daughter went to lodge report to the police she alongwith her husband and daughter went to lodge report to the police she alongwith her husband and daughter went to lodge report to the police and thereafter her daughter was got medically examined at the hospital. and thereafter her daughter was got medically examined at the hospital. and thereafter her daughter was got medically examined at the hospital. and thereafter her daughter was got medically examined at the hospital. VIMAL KUMAR 2025.02.15 14:10 I attest to the accuracy and integrity of this document CRA-D-307-DB-2010 (O&M) ( 9 ) examined at length, but both of them Both the aforesaid PWs were cross-examined at length, but both of them Both the aforesaid PWs were cross remained firm on their statements on material aspects remained firm on material aspects and nothing could be elicited so as to doubt their credibility in any manner. be elicited so as to doubt their credibility in any manner. be elicited so as to doubt their credibility in any manner. 13. During the course of arguments uring the course of arguments, the learned counsel , the learned counsel referred to some while inconsistencies while inconsistenc referring referring to to the cross-examination of the cross the prosecutrix, wherein she stated that the accused after entering the house prosecutrix, wherein she stated that the accused after entering the house prosecutrix, wherein she stated that the accused after entering the house had asked for water and that she had accordingly brought water from the had asked for water and that she had accordingly brought water from the had asked for water and that she had accordingly brought water from the tap and given to the accused, whereas in her examination-in-chief, the tap and given to the accused, whereas in tap and given to the accused, whereas in prosecutrix had stated that she refused to give water. prosecutrix refused to give water. Further, learned counsel while referring to the site plan pointed out that although the counsel while referring to the site plan pointed out that although the counsel while referring to the site plan pointed out that although the complainant claims she had peeped inside complainant claim inside from the door, but as a matter of fact no door is fixed in the room where the occurrence took place. It of fact no door is fixed in the room where the occurrence of fact no door is fixed in the room where the occurrence has also been submitted that as per site plan, there is no verandah outside has also been submitted that as per site plan, there is no has also been submitted that as per site plan, there is no verandah. the room, but PW-9 has referred to a verandah the room, but PW 14. Upon perusal of the site