Punjab-Haryana High Court
Simranjit Kaur vs State Of Punjab And Ors on 9 December, 2014
Author: T.P.S. Mann
Bench: T.P.S. Mann, Shekher Dhawan
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Crl. Appeal D-1-DB of 2014
Date of Decision : December 09, 2014
Simranjit Kaur
.....Appellant
VERSUS
State of Punjab and others
.....Respondents
CORAM: HON'BLE MR. JUSTICE T.P.S. MANN
HON'BLE MR. JUSTICE DR. SHEKHER DHAWAN
Present : Mr. Kushagra Mahajan, Advocate
for the appellant.
T.P.S. MANN, J.
The prosecutrix has filed the present appeal for challenging the judgment dated 11.9.2013 passed by the Additional Sessions Judge, Amritsar whereby respondents- Varinder Singh @ Romi and Rajinder Singh have been acquitted of the charges under Section 376(2)(g) read with Section 506 IPC.
As per the prosecution, the prosecutrix was working as a Clerk in the Majitha branch of Punjab National Bank. She had already completed B.Sc. and B.Ed. and was pursuing M.Sc. In the year 2006, when she was barely 17 years of age and a student of 12th class, a boy used to chase and stalk her so as to force her to become friendly with him. She had been spurning his offer time and again, upon which he threatened her that he would AJAY KUMAR 2015.01.09 10:11 I attest to the accuracy and authenticity of this document Chandigarh Crl. Appeal D-1-DB of 2014 -2- throw acid on her and deface her. On one particular day, he stalked her on the way and claimed that since he had come to know about her residential address, he would kill her parents and brother if she did not accept his offer of friendship. Out of fear, the prosecutrix did not bring the matter to the notice of her parents. Rather, on account of serious threats and pressure from the boy, she accepted his offer. The said boy was respondent- Varinder Singh, who was resident of Bazar Drama Wala, Sultanwind Road, Amritsar. On one particular day, said Varinder Singh took her to somebody's house at Sultanwind Road where a Sikh person was present, who introduced himself to be the brother-in-law of Varinder Singh. Varinder Singh told the prosecutrix that the house was of his sister's in-laws and the person was Rajinder Singh, who was his brother-in-law. Said Rajinder Singh offered a cold drink to the prosecutrix which made her lose her senses. Thereafter, both Varinder Singh and Rajinder Singh raped her. When she regained consciousness, Varinder Singh disclosed to her that her life had been virtually destroyed by them by subjecting her to rape. Both Varinder Singh and Rajinder Singh continued to intimidate the prosecutrix that they had prepared a film on the mobile phone and in case she disclosed about the occurrence to any one, the said film would be posted on the internet. Both the accused kept on subjecting her to rape time and again besides preparing films on the mobile AJAY KUMAR 2015.01.09 10:11 I attest to the accuracy and authenticity of this document Chandigarh Crl. Appeal D-1-DB of 2014 -3- phone. The prosecutrix was taken to the house of Varinder Singh where his parents and other relatives used to remain present. Even in the presence of his family members, Varinder Singh used to take her inside the room in the house and commit rape upon her. Varinder Singh and his family members were in league with each other. They had obtained her signatures on blank papers at gun point besides threatening to kill her in case she ever disclosed about the occurrence to her parents or any body else. The prosecutrix also used to be taken by Varinder Singh-accused on several occasions for paying obeisance at various Gurudwaras. Finally, on 29.10.2012, the prosecutrix got recorded her statement before Inspector Dinesh Singh and on its basis FIR No. 157 dated 29.10.2012 under Sections 376/506/120-B IPC and Sections 25/27 of the Arms Act was registered at Police Station 'B' Division, Amritsar. Upon completion of investigation, charge-sheet was presented against Varinder Singh-accused only whereas Rajinder Singh and members of the family of Varinder Singh, who were found innocent, were placed in column No. 2 of the same. Subsequently, Rajinder Singh was summoned as additional accused to face trial alongwith Varinder Singh, who was already facing the trial. Both of them were charged under Section 376(2)(g) read with Section 506 IPC to which they pleaded not guilty and claimed trial.
In support of its case, the prosecution examined the AJAY KUMAR 2015.01.09 10:11 I attest to the accuracy and authenticity of this document Chandigarh Crl. Appeal D-1-DB of 2014 -4- prosecutrix, who re-iterated the facts which were narrated by her while making statement before the police. Her father Avtar Singh testified that he had furnished photocopy of the matriculation certificate which recorded the date of birth of the prosecutrix as 1.10.1989. The medical evidence consisted of the testimonies of Dr. Hardeep Kaur, who testified that she conducted medico-legal examination of the prosecutrix on 22.1.2013. There was history of sexual assault for the last six years and no fresh sexual act had taken place for the past four months. No fresh external injury was present. However, on the basis of the medico-legal report and the report of the Chemical Examiner, it was opined that the prosecutrix had been subjected to sexual intercourse. The investigation part of the case was testified to by HC Avtar Singh, Inspector Ravinder Kumar and DSP Dinesh Singh.
When examined under Section 313 Cr.P.C., both the accused denied the prosecution evidence. Varinder Singh- accused stated that he and the prosecutrix were deeply in love with each other. At the time when they fell in love, the prosecutrix was major. She had been visiting his house quite often. They had been celebrating various functions together with their family members. Ultimately, on 19.7.2010 they got married at the Gurudwara against the wishes of the parents of the prosecutrix. At that time, she was major and performed marriage out of her free will and consent. The marriage was duly registered in the AJAY KUMAR 2015.01.09 10:11 I attest to the accuracy and authenticity of this document Chandigarh Crl. Appeal D-1-DB of 2014 -5- office of the Marriage Officer. The marriage was also consummated. Subsequently, when the prosecutrix got a permanent job in a bank, their relationship came to the knowledge of their parents. The parents of the prosecutrix managed to prevail upon the prosecutrix on account of which she refused to join his society. He was compelled to file a petition under Section 9 of the Hindu Marriage Act in which notice was issued. When the parents of the prosecutrix learnt about the same, present false case was registered against him and his brother-in-law by the prosecutrix at the instance of her parents. To the same effect was the stand of Rajinder Singh-accused.
In defence, the accused examined DW Rajesh Kumar, Clerk from the office of Commissioner of Police, who proved the record of the enquiry proceedings conducted by DCP Mr.Kaustabh Sharma on the application presented by Pushpinder Singh. It was concluded that the case in hand was false and, accordingly, its cancellation was recommended. Said Rajesh Kumar further testified that the signatures and handwriting of the prosecutrix were sent to CFSL and in the report received, it was stated that the questioned letters written by the prosecutrix were in her handwriting and tallied with her standard signatures. He further deposed about the text messages sent by the prosecutrix to Varinder Singh-accused, copy of the marriage certificate issued by the Granthi of the Gurudwara, copy of marriage certificate AJAY KUMAR 2015.01.09 10:11 I attest to the accuracy and authenticity of this document Chandigarh Crl. Appeal D-1-DB of 2014 -6- issued by the Registrar of Marriages and certain photographs of the couple.
After hearing learned counsel for the parties and going through the evidence available on the record, the trial Court came to the conclusion that the prosecutrix was in love with Varinder Singh-accused. Both of them had got married and the marriage was duly registered. The prosecutrix seemed to have concealed the factum of her marriage from her parents. The prosecutrix used to remain in the company of Varinder Singh-accused. At the time of marriage, the prosecutrix was more than 18 years of age. She had the knowledge and capacity of having full import of what she was doing. Rather, it was a case of elopement of the prosecutrix with Varinder Singh-accused and not a case of taking away the prosecutrix from the lawful guardianship of her father. As a result it was concluded that no offence had been committed by the accused upon the prosecutrix. The case was of gross misuse of the provisions of Sections 363/366/376 IPC by the prosecutrix, who despite knowing that she was married to Varinder Singh, had falsely invoked those provisions against him. As a result, it was held that the prosecution had failed to establish its case against both the accused beyond shadow of reasonable doubt. They were, accordingly, acquitted of the charges framed against them.
Having heard learned counsel for the appellant and on AJAY KUMAR 2015.01.09 10:11 I attest to the accuracy and authenticity of this document Chandigarh Crl. Appeal D-1-DB of 2014 -7- going through the impugned judgment of acquittal, we find that even according to the prosecution, the prosecutrix was born on 1.10.1989 and, therefore, in the year 2006 when Varinder Singh accused started following her so as to develop relationship with her, she was about 17 years of age. Further, from the year 2006 till 2012, she continued to maintain relationship with Varinder Singh accused and his brother-in-law Rajinder Singh accused without ever reporting the matter either to her parents or to the police. According to the defence, Varinder Singh accused and the prosecutrix got married. Though the prosecutrix denied the said fact but she was duly confronted with the photographs Ex.D-1 to Ex.D-30 and she identified herself in the company of Varinder Singh accused. Some of the photographs were clicked in a Mall while some at the house of Varinder Singh accused and that too, in the presence of his family members. In some of the photographs, the prosecutrix and Varinder Singh accused were shown to be taking sacred steps around the holy Guru Granth Sahib i.e. of the ceremony relating to their marriage. She was even confronted with the marriage certificate mark 'C' which bore her photograph. She also admitted that Varinder Singh accused filed a petition under Section 9 of the Hindu Marriage Act wherein she had put in appearance and contested the same. In addition, the prosecutrix admitted letter Ex.DC to be the one in her handwriting which she had addressed to Varinder Singh accused. AJAY KUMAR 2015.01.09 10:11 I attest to the accuracy and authenticity of this document Chandigarh Crl. Appeal D-1-DB of 2014 -8- In order to wriggle out of the same, she coined the excuse that Varinder Singh accused had forced her to write the said letter at gun point. However, she admitted that after registration of the FIR, an inquiry was conducted by a senior Police Officer wherein she furnished her specimen handwriting and signatures but she feigned ignorance that on inquiry, her case was found to be false. She also admitted that after getting job with the bank in the year 2011, she attended training at Ludhiana for two weeks and during the said period, she stayed in a hotel for 5/6 days with Varinder Singh accused. Thus, it is apparent that the prosecutrix was having love affair with Varinder Singh accused and all throughout, she had been a consenting party to the act of sexual intercourse. Their relationship continued for about six years. As per the provisions of Section 375 IPC before the amendment which came into effect from 3.2.2013, any act of sexual intercourse with a woman under the age of 16 years amounted to rape. The matter was reported by the prosecutrix in the year 2012 and up-till that point of time, the relevant age of the prosecutrix to be considered for the offence of rape under Section 376 IPC was 16 years. Admittedly, the prosecutrix was about 17 years of age in the year 2006 and, thus, the consent of the prosecutrix can be taken into consideration in holding that all the time, she had been willingly having sexual intercourse with Varinder Singh accused.
As regards the involvement of Rajinder Singh AJAY KUMAR 2015.01.09 10:11 I attest to the accuracy and authenticity of this document Chandigarh Crl. Appeal D-1-DB of 2014 -9- accused, it may be noticed that the prosecutrix testified about the wife of said Rajinder Singh to be present in his house whenever the prosecutrix used to be taken by Varinder Singh accused there. She also admitted that apart from the wife of Rajinder Singh accused, the family members of Varinder Singh accused also used to be present in that house at that time. Therefore, it was highly improbable that Rajinder Singh accused would have committed rape upon a girl at his own house and that too, in the presence of his family members unless she was a consenting party.
In view of the above, no case is made out for any interference in the impugned judgment of acquittal. The appeal is without any merit and, therefore, dismissed.
( T.P.S. MANN )
JUDGE
( SHEKHER DHAWAN )
December 09, 2014 JUDGE
ajay-1/Pds
AJAY KUMAR
2015.01.09 10:11
I attest to the accuracy and
authenticity of this document
Chandigarh