Madhya Pradesh High Court
Tindi @ Sonu vs The State Of Madhya Pradesh on 22 October, 2024
Author: Vivek Agarwal
Bench: Vivek Agarwal
NEUTRAL CITATION NO. 2024:MPHC-JBP:52679
1 CRA-944-2016
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
&
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 22nd OF OCTOBER, 2024
CRIMINAL APPEAL No. 944 of 2016
TINDI @ SONU
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Brajendra Singh Yadav - Advocate for the appellant-Tindi @
Sonu.
Shri Nitin Gupta - Government Advocate for the respondent-State.
JUDGMENT
Per: Justice Vivek Agarwal This appeal is filed under Section 374(2) of Cr.P.C. being aggrieved of the judgment dated 14.01.2016 passed by learned IInd Additional Sessions Judge Multai, District-Betul in Sessions Case No.445/2014.
2. Shri Brajendra Singh Yadav, learned counsel for the appellant submits that he has been falsely implicated. There is no truth in the prosecution story. Prosecutrix was not knowing him yet he has been falsely implicated, therefore, it is a fit case for acquittal.
3. Reading evidence of PW-4, it is pointed out that PW-4 has not supported the case and therefore, the finding of conviction under Section 376(n) of IPC and Section 506 II of IPC for which he has been respectively Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 23-10-2024 12:04:19 NEUTRAL CITATION NO. 2024:MPHC-JBP:52679 2 CRA-944-2016 convicted with life improvement and fine of Rs.25,000/- with default stipulation of 1 year R.I. and 7 years with Rs.5,000/- with default stipulation of 1 year R.I. is not made out. It is a case of acquittal.
4. It is submitted that there is no FSL report or DNA report to support the claim of the prosecution and that also fortifies the claim of the appellant that firstly, appellant was not known to the victim and secondly, in absence of any forensic evidence, conviction only on the statements of the victim cannot be upheld.
5. Shri Nitin Gupta, learned Government counsel for the state, in his turn, submits that Dr O.P. Yadav (PW-17) has opined that on the basis of X- ray Report (Ex.P-12), he found that third molar of the victim had just begun to form, lateral and medial epicondyle were fused. Head of radius and olecranon process were fused, lower ends of radius and ulna had not started fusing. Lower portion of tibia and fibula had started fusing. Similarly, upper portion of tibia, fibula and lower portion of femur had started fusing. Iliac crest was available but it had not fused. Greater and lesser trochanter were not fused and thus, on the basis of these findings, he opined that the age of the victim was about 14 years.
6. Shri Nitin Gupta, learned Government counsel relying on the evidence of Dr. Lalita Patil (PW-15), submits that she has given clear opinion about the violation of privacy of the victim saying that there was a contusion on the right cheek of the victim measuring 1/4×1/4 cm which could have been caused with human teeth. There were also two injuries on the left cheek like injury no.1 which could have been caused with human Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 23-10-2024 12:04:19 NEUTRAL CITATION NO. 2024:MPHC-JBP:52679 3 CRA-944-2016 teeth.
7. In internal examination, it was found that there was a perineal tear measuring 1/2 cm x 1 mm in the position of 6 O'clock of the watch. Hymen was bruised and ruptured and it was bleeding. All these injuries were caused within 8-12 hours. She has given a clear opinion that victim was subjected to rape. She had prepared two vaginal slides alongwith the clothes of the victim and had given them to the Constable for examination. Her report is Exhibit P-10.
8. Reading evidence of the victim, it is submitted that the case of the victim is duly corroborated with the medical evidence of PW-15 and PW-17 and therefore, there is no ground for recording a finding of acquittal.
9. After hearing learned counsel for the parties and going through the record.
10. FIR (Ex.P-11) was promptly recorded inasmuch as incident took place on 24.08.2014 at about 7 am. Report was lodged at the Police Station- Amla. On the basis of which, FIR was registered at Police Station-Amla registering case crime no.678/2014. Victim herself reported the matter and her age is mentioned as 12 years in the FIR itself. Appellant is a named accused. Her statements under Section 161 of Cr.P.C. were recorded and then statements of her brother and sister, who were collecting wood alongwith her, have been recorded. Exhibit P-10 is the MLC of the victim as discussed above. Exhibit P-16 is the mark-sheet of Vth Class belonging to the victim showing her date of birth as 20.01.2000. This document has been proved by Prashant Sharma (PW-18). This is corroborated with Ex.P-12 Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 23-10-2024 12:04:19 NEUTRAL CITATION NO. 2024:MPHC-JBP:52679 4 CRA-944-2016 proved by PW-17 that age of the victim at the time of incident was 14 years.
11. Evidence of PW-1 has remained unrebutted. She has categorically stated that how the incident took place, how she came to know name of the appellant and how her privacy was violated in the name of purchase of bundle of wood? There is no contradiction in her evidence to show that she had any enmity with the appellant and she is falsely implicating him. PW-2 and PW-4 were accompanying the victim to collect the wood when appellant had taken the victim alongwith her in the name of dumping of wood at his residence for consideration of Rs.100/-. They have categorically stated that they waited for her for sometime and then had gone ahead to collect wood or sell their bundle of wood. PW-3 and PW-6 parents of the victim have corroborated the prosecution story that victim had gone to collect/sell wood alongwith PW-2 and PW-4 and when she did not return back to home then they had not come back then they received a call from Bokdhi when they had gone in search of the victim. They had met the victim at Bokdhi and then victim had narrated the story then report was lodged at the Police Station. Conduct of the victim is relevant under Section 8 of the Evidence Act. As the victim had immediately narrated the story to her parents and then to the police. Ganga (PW-8) has stated that when about 9:30 am she was going in search of labour, then she had seen a young girl running followed by a boy in the name of Sonu with a knife in his hand. That girl had informed them that inside the boundary of Airforce, that boy had committed rape on her. They had brought the girl to Lohar Mohalla and then had given intimation to her father. When her father came, then they all had gone to the Police Station.
Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 23-10-2024 12:04:19NEUTRAL CITATION NO. 2024:MPHC-JBP:52679 5 CRA-944-2016 Anita (PW-9) has supported the statements of Ganga (PW-8). PW-10 has also supported the statements of the PW-8 and PW-9 and further stated that there were injury marks on the cheeks of the victim. She has also stated that clothes of the victim were torn. She further stated that accused was following her with a knife in his hand. The victim had narrated the complete story including violation of her privacy.
12. There is a prompt FIR by the victim herself and recorded by PW-
18. Dr. Lalita Patil (PW-15) corroborated the prosecution story so also the version of the victim. She had prepared two vaginal slides and also seized Salwar of the victim and handed over to the woman Constable for FSL examination vide Ex.P-10. R.S. Marskole (PW-16) recorded the zero FIR (Ex.P-1) and had forwarded the same to Police Station-Amla for recording of actual FIR (Ex.P-11). He has stated that Ex.P-1 and Ex.P-11 both contain his signatures. R.S. Marskole (PW-16) further stated that he had sent the victim alongwith woman Constable to CSC, Amla where her vaginal slides and clothes were sealed in front of one Shobharam and Birju Kasde. Seizure memo is Ex.P-8 which contains his signature from B to B part. Semen slide of the accused was seized by the Constable Shobharam and Rajnikant vide Ex.P-16.
13. When all these facts are taken into consideration especially the evidence of the victim, duly corroborated with the evidence of PW-2 and PW-4, who had seen the victim being escorted by the appellant for purchase of wood, statements of PW-3 and PW-6 parents of the victim that they had received a call and when they searched for their daughter and reached the Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 23-10-2024 12:04:19 NEUTRAL CITATION NO. 2024:MPHC-JBP:52679 6 CRA-944-2016 place from where they had received the call then the story was narrated by the victim to them coupled with the statements of independent witnesses PW-7, PW-8, PW-9 and PW-10, who have corroborated the story of the victim and who also saw the appellant running after her with a knife in his hands, then there is no iota of doubt that Victim's privacy was ravished by the present appellant and he had also threatened the victim with a knife in his hand as is narrated by PW-7, PW-8, PW-9 and PW-10 and therefore, in terms of the medical report given Dr. Lalita Patil (PW-15) and age of the victim being proved by Dr. O.P. Yadav (PW-17). There is no iota of doubt in regard to the incident taking place with the victim, therefore, we do not find any illegality in the impugned judgment of conviction calling for any interference. Order of conviction and sentence are hereby maintained.
14. The appeal fails and is dismissed.
(VIVEK AGARWAL) (DEVNARAYAN MISHRA)
JUDGE JUDGE
HK
Signature Not Verified
Signed by: HIMANSHU
KOSHTA
Signing time: 23-10-2024
12:04:19