HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Crml Leave To Appeal No. 228 / 2016
State of Rajasthan
—-Appellant
Versus
Mukhram S/o Ramlal, By caste Jat, Resident of Khoda, P.S.
Rawatsar, District Hanumangarh.
—-Respondent
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For Appellant : Mr. J.P. Bhardwaj, Public Prosecutor
For Respondent : Mr. Girish Sankhla
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HON’BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
26/04/2017
This leave to appeal has been filed by the appellant-State
while challenging the judgment dated 11.04.2016 passed by the
Special Judge, Scheduled Caste and Scheduled Tribe (Prevention
of Atrocities) Act Cases, Hanumangarh (hereinafter referred to as
‘the trial court’) in Original Criminal Case No.86/2012, whereby
the trial court has acquitted the accused respondent for the
offences punishable under Section 376 IPC and Section 3(2)(V) of
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Act,
1989 (hereinafter referred to as ‘the Act of 1989’).
Brief facts of the case are that on the basis of a typed report
(Exhibit-P/1) filed by PW-1, the police registered the FIR
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No.356/2008 on 04.10.2008 at Police Station Rawatsar, District
Hanumangarh against the accused respondent for the offences
punishable under Section 376 IPC and Section 3(1)(XII) of the Act
of 1989. In the typed report (Exhibit-P/1), it is alleged that on
02.10.2008 at about 01:30 PM, when she was working in the
agriculture field of the accused respondent, which they were
cultivating on share basis, the accused respondent came there and
caught hold of her and despite her resistance has not released her
and forcibly broken her bloomers drawstring and committed rape
upon her. It is further alleged that when she raised cries, her
husband, her nephew, her daughter immediately reached there
then the accused respondent offered them four and five hundred
rupees and asked them that don’t raise your voice. It is also
alleged that the accused respondent abused them with casteist
remarks and threatened them to kill them. It is further alleged
that thereafter the accused respondent called two and three
persons, who along with accused respondent, harassed and
threatened them to disposes from agriculture field. It is also
alleged that in the said scuffle, the accused respondent snatched
her golden earring.
The police, after investigation, filed charge-sheet against the
accused respondent for the offences punishable under Section 376
and 382 IPC and Section 3(1)(XII) of the Act of 1989 but the trial
court charged him for the offences punishable under Section 376
IPC and Section 3(1)(XII) of the Act of 1989.
To prove the case, the prosecution produced as many as
eleven witnesses and also got examined several documents. The
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statement of accused respondent was recorded under Section 313
Cr.P.C. and four witnesses had been produced in defence.
The trial court, after pondering over the evidence produced
by the prosecution as well as the defence and after hearing
counsel for the parties, acquitted the accused respondent for the
offences for which he was charged, vide impugned judgment.
Learned Public Prosecutor appearing on behalf of the
appellant-State has submitted that from the statements of PW-1
prosecutrix, her husband PW-2 Hanuman, her brother-in-law PW-4
Indraj and her nephew PW-5 Bhalaram, it is clear that on
02.10.2008 at about 01:30 PM, when the complainant PW-1
prosecutrix was working in the agriculture field of the accused
respondent, he came there and sexually assaulted her. It is
contended that the allegations levelled in the FIR, in the police
statements and the in the statements recorded under Section 164
Cr.P.C. had been verified by PW-1 in her court’s statements and
the other witnesses had also been corroborated the evidence of
the prosecutrix. It is contended that the trial court without
appreciating the said evidence in right perspective illegally
acquitted the accused respondent for the offences for which he
was charged.
It is also contended that the trial court has taken into
consideration the fact that the matter has been compromised
between the parties, therefore, the accused respondent cannot be
held guilty of sexually assaulting the prosecutrix. It is contended
that the factum of compromise cannot be a ground for acquitting
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the accused respondent, when the prosecution has proved the
charges beyond the reasonable doubt against the accused
respondent.
Learned Pubic Prosecutor has, therefore, prayed that it is a
fit case for grating leave to file appeal against the impugned
judgment.
Per contra, learned counsel appearing for the accused
respondent has vehemently argued that the trial court has not
committed any illegality in acquitting the accused vide its
judgment impugned, as the prosecution has failed to prove the
charges against the accused respondent beyond reasonable doubt.
It is also argued that there is serious contradiction in the
statements of prosecution witnesses, which creates serious doubts
about the prosecution story. It is further argued that as a matter
of fact PW-1 prosecutrix, her husband PW-2 and her other family
members were cultivating the land of accused respondent on
share basis, however, on account of payment of some money,
dispute arose between them and for that purpose Panchayat was
also called but later on when the matter was not resolved in
Panchayat then this false complaint of sexual assault filed against
the accused respondent.
Learned counsel for the accused respondent has invited
attention of this Court towards the cross-examination of the
prosecution witnesses, who are the near relatives of PW-1
prosecutrix, wherein all of them have stated that they have not
seen the accused respondent committing rape upon prosecutrix
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and reached on spot after the act was over. It is also admitted by
them that some dispute was going on between the parties in
relation to payment of money. Learned counsel for the respondent
has also submitted that the independent witness viz. PW-3 Ram
Kumar has also not supported the prosecution story and stated in
his statement that the dispute between the family of the
prosecutrix and the accused respondent was in relation to some
payment of money and false complaint has been lodged against
the accused respondent alleging sexual assault. It is also
submitted by learned counsel for the respondent that at the time
of incident the accused respondent was around 59 years of age,
whereas the age of the prosecutrix was 29 years and looking to
this fact itself, it cannot be believed that the accused respondent
forcibly committed rape upon her. Learned counsel for the accused
respondent has, therefore, prayed that this leave to appeal
preferred on behalf of the appellant-State be dismissed.
Heard learned counsel for the parties and carefully
scrutinized the record.
It is not in dispute that the complaint (Exhibit-P/1) was filed
by the prosecutrix PW-1 after a delay of two days.
After carefully going through the statements of PW-1, PW-2,
PW-4 and PW-5, this Court find several contradictions in their
evidence. The prosecution witnesses viz. PW-2 Hanuman, PW-4
Indraj and PW-5 Bhalaram have stated before the trial court that
when they reached on the spot they found that the accused
respondent was tying his drawstring of pajama and the
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prosecutrix was lying there. None of the above named prosecution
witnesses stated that they saw the accused respondent
committing rape upon prosecutrix.
PW-1 prosecutrix in her statement has stated that the
accused respondent had came in a jeep, however, she had not
seen the jeep and somebody else informed her that the accused
respondent had came in a jeep. She has also stated that she had
resisted the accused respondent, when he was committing rape
upon her and in that scuffle her bangles were broken and fell in
the agriculture field, however, in the naksha moka report,
prepared by the police, there is no mention regarding the broken
bangles and the same has not been recovered by the police. She
has also stated that after committing rape upon her, the accused
respondent ran away from there and her husband and other family
members caught him around 5 Bighas away from the place of
incident. She has also admitted that the accused respondent used
to visit agriculture field daily, however, prior to the said incident,
he never misbehaved with her.
PW-2 Hanuman in his statement has stated that when her
wife, PW-1 prosecutrix, raised cries then his nephew PW-5
Bhalaram reached there and at that time the accused respondent
was running from there, however, PW-5 Bhalaram, the nephew of
the PW-2 and PW-1, has stated that when they reached at the
spot the accused respondent was there and tying his drawstring of
pajama and the prosecutrix was lying in the field. PW-4 Indraj has
also stated the same facts.
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It is to be noticed that PW-1, PW-2, PW-4 and PW-5 are the
near relatives, whereas the PW-3 Ram Kumar and PW-6 Ramjilal
are the neighbors and both of them have not supported the
prosecution story and specifically stated that the dispute between
the family members of the prosecutrix and the accused
respondent was regarding money. They have also stated that they
did not heard about the alleged sexual assault upon the
prosecutrix by the accused respondent.
It is also to be noticed that the prosecution witnesses PW-1,
PW-2, PW-4 and PW-5 in their statements have stated that just
after the incident, Banwari Lal also reached at the spot, to whom
the accused respondent stated that he has committed crime and
for which he is ready to pay any cost. However, Banwari Lal
appeared as DW-2, who has stated in his statement that on the
date of incident, Hanuman, Indraj and Bhalaram etc. were called
as the accused respondent was objecting for grazing their cattle in
his fields. He has also stated that none of the person present at
the site, has complained about the sexual assault by the accused
respondent upon the prosecutrix.
Similarly, the other defence witnesses viz. DW-1 Purnaram,
DW-3 Shishpal and DW-4 Rampratap have also stated that the
dispute between the family members of the prosecutrix and the
accused respondent was in respect of grazing of cattle.
At the time of incident the age of the accused respondent
was around 59 years, whereas the age of the prosecutrix was 29
years. This Court is of the opinion that the trial court has rightly
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held that it is unbelievable that an aged person committed sexual
assault upon the prosecutrix, who was quite young in her age, in
the presence of all her family members.
After hearing learned counsel for the parties and after
carefully scrutinizing the record, I am of the opinion that the
prosecution has failed to prove the charges against the accused
respondent beyond the reasonable doubt, therefore, the trial court
has not committed any illegality in acquitting the accused
respondent vide impugned judgment.
Hence, no case for grant of leave to appeal is made out.
Accordingly, this leave to appeal is dismissed.
(VIJAY BISHNOI)J.
Abhishek Kumar
S.No.32