CASE NO.: Review Petition (crl.) 1038 of 2005 PETITIONER: AHSA RAM RESPONDENT: STATE OF HIMACHAL PRADESH DATE OF JUDGMENT: 25/02/2008 BENCH: H.K. SEMA & P.P. NAOLEKAR JUDGMENT:
JUDGMENT
O R D E R
REVIEW PETITION(CRL.) NO.1038 OF 2005
IN
CRIMINAL APPEAL NO.1266 OF 1998
In our judgment and order dated 17.11.2005 this Court while allowing the
appeal preferred by the State also enhanced the punishment of the accused under
Section 376 IPC from five years RI to RI for life, after hearing the parties. By the
said judgment the order of the High Court acquitting the accused was set aside.
On 22.11.2005 that is after the judgment was delivered by this Court, the
prosecutrix, namely, Smt. Seema, daughter of accused Asha Rams has filed the
following affidavit :
” I, Seema daughter of Sh. Assa Ram now married wife of
Bhag Singh resident of Shimla Tailor Ward No.11 near Post Office
Balachaur Distt. Nawanshahar do hereby solemnly affirm and declare
as under :-
1. That I am the daughter of Sh. Assa Ram resident of village
Chaklu teh.Ark Disst.Solan HP.
Earlier residing at Sevant Quarter Raj Bhawan Shimla.
2. That there was a dispute between my parents and at that
time I was minor and was residing with my mother alongwith my elder
sister namely Uma. At that time I was minor aged 14 years and was
under the influence of my mother Kalawati who was separately residing
from my father.
3. That as there was a matrimonial dispute between my mother
and father. My mother wanted to take revenge from my father and she
compelled me to lodge a false case u/s 376 of IPC against my father.
4. That under the influence of my mother and also being minor
I did not know the consequence I lodge false FIR No.110 of 1988 u/s
376 of IPC at police station Chotta Shimla and accordingly my father
Assa Ram was arrested. I was also compelled by my mother under
whose custody I was living and also the police to depose in the court
against my father that he committed rape upon me. Accordingly I
deposed in the trial court of Addl. Sessions Judge Shimla against my
father.
5. That the police in-connivance with my mother fabricated
false case property i.e. Salwar and under wear which did not belongs to
me as my father never committed rape upon me.
6. That my father bears a good moral character and all this
unfortunate happened due to my mother.
6. That my father was innocent and he did not commit any rape
with me and case was falsely lodged against him and I also deposed
against my father in the court of Addl. Sessions Judge Shimla at the
instance of my mother and police. If I did not depose so at that time
against my father then my mother would have harmed me alongwith
police.
7. That on the day of alleged occurrence I was not living with
my father nor I came to my father’s house on that day, so the questions
of committing rape does not arise.
Seema
Deponent….
Verification;
I, the above named deponent further hereby solemn and
affirmation that the contents of paras no.1 to 7 of my above affidavit
are true and correct to the best of my knowledge and belief and
nothing has been kept concealed therein.
Verified & signed at Seema
Deponent…
Dated:-22 NOV 2005.”
The statement of prosecutrix was examined by the trial court, examined by this
Court and accepted. Before the trial court she gave a statement that her father
raped her on the fateful day. Relying upon the statement and evidence on record the
trial court convicted the father of the prosecutrix. It was re-examined and accepted
by this Court. This Court was of the view that the statement of the sprosecutrix
inspired confidence.
In our view, the subsequent affidavit filed by the prosecutrix on 22.11.2005,
read thus, on the face of it, appears to be false and afterthought aimed at to bail out
her father from undergoing life imprisonment. The said affidavit, in our view, is false
and it would have far reaching legal consequences.
In view thereof, this review petition is dismissed. We further direct the Sessions
Judge, Shimla to take the affidavit dated 22.11.2005 filed by the prosecutrix into the
record and initiate a proceeding in accordance with the provisions contained in
Chapter XI of the Indian Penal Code. It is open to the Sessions Judge, Shimla to
pass any appropriate order as may deem fit and proper in accordance with law.
With the aforesaid direction, the review petition is dismissed. Registry shall
transmit the records along with the copy of this order to Session Judge, Shimla
forthwith.