Punjab-Haryana High Court
Gurmeet Kaur vs Lakhwinder Singh And Another on 3 August, 2009
Author: K.S.Garewal
Bench: K.S. Garewal
Crl. Misc. No. 210 MA of 2009 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No. 210 MA of 2009
Date of decision: August 3, 2009
Gurmeet Kaur ...Appellant
Versus
Lakhwinder Singh and another ...Respondents.
CORAM:- HON'BLE MR. JUSTICE K.S. GAREWAL
HON'BLE MR. JUSTICE NAWAB SINGH
Present: Mr. P.S. Sekhon, Advocate,
for the applicant.
K.S.GAREWAL, J.
On the evening of December 4, 2003, when Gurmeet Kaur's husband Krishan Singh was away from the house and she was busy in settling down to sleep, the two respondents, who are brothers, forced entry into her house at about 8.30 p.m. They both are alleged to have raped Gurmeet Kaur. But while they were still in the house Gurmeet Kaur's husband Krishan Singh returned and the two respondents escaped.
On the following morning Gurmeet Kaur went to report the matter to the police but no case was registered. In December, a criminal complaint was lodged with the area Magistrate who recorded the evidence Crl. Misc. No. 210 MA of 2009 2 of the complainant and summoned the two respondents. On January 6, 2005, the case was committed to the court of Sessions Court. The learned trial court vide judgment dated January 28, 2009 was pleased to acquit the accused holding that the prosecution has failed to bring out the evidence to hold the accused guilty.
Gurmeet Kaur was a married woman who already had a child. If she had been raped, she should have got herself medically examined for the injuries which were crucial to determine whether she has been subjected to sexual assault. Indeed Gurmeet Kaur's case was that she had suffered these injuries. Medical examination would also have helped the Medical Officer to take vaginal swabs for DNA test which would have helped to determine and establish the identity of the rapist(s). In the absence of such definite corroborative evidence, it would have been difficult to convict the respondents.
It seems to us that prompt registration of the criminal case, without putting the usual departmental pressure on the SHO, shows that it was a pre-determined act of on the part of Krishan Singh to make his wife file a rape case against the respondents. In the ordinary course Gurmeet Kaur would have, in the first instance, complained regarding the rape to the village elders. If the police had refused to register the case, she would have taken the matter to senior police officers. But Gurmeet Kaur did none of these things and instead straightaway approached the Magistrate with a criminal complaint. These are some factors which convince us that the learned Additional Sessions Judge has come to a fair conclusion, while acquitting the respondents. The judgment is neither unreasonable nor perverse.
Crl. Misc. No. 210 MA of 2009 3
Consequently, leave to appeal is declined.
(K.S. GAREWAL)
JUDGE
April 2009 (NAWAB SINGH)
prem JUDGE
Note:- Whether refer to reporter No