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Sudhir Sahni vs State on 9 February, 2023 cites

Rajli @ Rajjo vs Kapoor Singh And Others on 3 December, 2013

5. Learned counsel for the appellant assails the impugned judgment on the ground that the present matter involves false implication of the appellant because of monetary dispute between the appellant and the brother of the prosecutrix. It was contended that the conduct of the prosecutrix is doubtful as it is highly unlikely as to why would a girl who has been raped thrice would be willing to go with that man as recorded in the prosecutrix‟s statement under Section 164 of the Code of Criminal Procedure, 1973 ("CrPC") and the FIR (Ex.PX-1/A). It was further contended that the MLC of the prosecutrix clearly establishes that she was beaten by a wooden stick as also stated by her that it was first the police and then her brother who had beaten her. Further, the MLC does not mention whether the hymen tear was fresh or old, and in totality the MLC suggests that no such incident ever took place. Neither the doctor who prepared the MLC was examined, nor was the MLC ever admitted by or on behalf of the appellant during trial. It was further contended that in order to tally the DNA, semen sample of the appellant was not required and that the blood sample was enough, and therefore, the fact that the semen sample was collected at the instance of the IO leads to the probable conclusion that the same was collected only to plant evidence against him. Further, the only incriminating evidence against the appellant in the FSL Report, however, the same is unreliable as possibility of planting semen on the clothes of the prosecutrix cannot be ruled out and also that the said report returned the finding that the DNA found on the pyjami was "similar" with that of the appellant. Although PW-8 in her examination stated that the accuracy of DNA profiling is 100%, thus, the fact that the tallying was opined to be "similar" does not support the case of the prosecution, and in this regard, reliance was placed on the decision of Signature Not Verified Digitally Signed By:ANIL KUMAR BHATT CRL.A. 1371/2019 Page 3 of 12 Signing Date:09.02.2023 12:44:36 N.C.No. 2023/DHC/000907 Punjab & Haryana High Court in CR No. 5090/2012 Rajli @ Rajjo v. Kapoor Singh & Ors. It was further contended that the age of the prosecutrix was also not proved by the prosecution and that the Trial Court wrongly placed reliance on the testimony of the School Principal PW-3.
Punjab-Haryana High Court Cites 50 - Cited by 5 - P Singh - Full Document
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