High Court Punjab-Haryana High Court

Parties Name vs Roshan Singh And Others on 6 February, 2009

Punjab-Haryana High Court
Parties Name vs Roshan Singh And Others on 6 February, 2009
CR. REVISION NO. 888 OF 2000                                   -1-




IN THE HIGH          COURT        OF   PUNJAB      AND     HARYANA        AT
CHANDIGARH.



            DATE OF DECISION: February 06, 2009.

                   Parties Name
Rekha Singh
                                       ...PETITIONER
     VERSUS
Roshan Singh and others
                                       ...RESPONDENTS


CORAM:      HON'BLE MR. JUSTICE JASBIR SINGH


PRESENT: None for the petitioner.

            Mr. Anil Ghangas, Advocate, for Mr. Sunil Panwar,
            Advocate, for respondent No. 2.

JASBIR SINGH, J. (oral)


ORDER:

On many dates, nobody has put up appearance on behalf of the

petitioner. In the interest of justice, matter was adjourned to February 3,

2009, it continued to be shown in the cause list. Today again none has come

present.

This revision petition has been filed against the judgment dated

March 10, 2000, vide which respondents No. 1 and 2 were acquitted of the

charges framed against them. It was allegation against the respondents that

on March 14, 1997, both of them had committed rape upon the petitioner.

FIR was recorded at the instance of the petitioner. It was her allegation that

on the above said date, when she was returning to her home, after answering

call of the nature, both the respondents came in her way. Respondent No. 2
CR. REVISION NO. 888 OF 2000 -2-

took out a knife from his pocket and forced her to accompany them to a

nearby wheat field. She tried to rescue herself by hitting the accused with an

empty bottle, in which she had carried water but in vain. She had no option

except to accompany the accused to a nearby field, where both of them

committed rape upon her turn by turn. Before leaving her, they threatened

the petitioner to kill her, in case she dared to disclose the incident to any

person. The petitioner narrated above said facts to her sister-in-law. Her

husband was called and then both of them went to the Police Station and on

her statement, FIR No. 115 dated March 14, 1997, was registered against

the respondents No. 1 and 2 for commission of offences under Sections

376/506/34 IPC. Respondents No. 1 and 2 were arrested and after

completing investigation, final report was put in Court for trial.

Respondents No. 1 and 2 were charge-sheeted to which they

pleaded not guilty and claimed trial. The prosecution produced 12 witnesses

in Court and also brought on record documentary evidence to prove its case.

On conclusion of prosecution evidence, statements of respondents No.1 and

2 were recorded under Section 313 Cr.P.C. Incriminating material existing

on record was put to them, which they denied, pleaded innocence and false

implication. They also led evidence in defence.

The trial Court on appraisal of evidence as led by the parties,

came to a conclusion that the prosecution has failed to prove guilt of the

respondents beyond a shadow of reasonable doubt. Accordingly, vide

judgment under challenge, they were acquitted of the charges framed

against them. In grounds of appeal, it is case of the petitioner that the trial

Court has erred in acquitting respondents No. 1 and 2. Case against them

was fully proved on record and by giving importance to minor
CR. REVISION NO. 888 OF 2000 -3-

contradictions here and there, they have wrongly been acquitted. Prayer is to

quash judgment under challenge, convict and sentence respondents No. 1

and 2 of the charges levelled against them.

Counsel for respondent No. 2 has brought it to our notice that

the State has not filed any appeal against the impugned judgment.

On perusal of contents of the paper book, this Court is of the

opinion that no interference is possible in the judgment under challenge at

the instance of the petitioner. The trial Court has noticed that the prosecutrix

was a married woman. She had two children. Her age was about 25 years.

When she was examined by the doctor, no abrasion was found on her

buttocks or back. The trial Court has also noticed that she has made various

improvements in her statement and further that as per report of Forensic

Science Laboratory, no human semen was detected on the clothes of the

prosecutrix or the accused. It has also come on record that knife, which was

used to put the petitioner under threat, was not recovered. There is no

evidence on record that the petitioner’s mouth was gagged and as such she

was not in a position to raise an alarm. The trial Court has rightly noticed

that the defence evidence led by respondents No. 1 and 2 inspires

confidence. Even real sister of the petitioner has deposed against her. The

defence has brought on record various letters written by the prosecutrix

stating therein that for money, she can bear any type of insult. It has also

come on record that litigation is pending between the parties and on account

of that, false implication of respondents No. 1 and 2 was possible. The facts

are such that the view taken by the trial Court was possible.

Their Lordships of the Supreme Court in Allarakha K. Mansuri

v. State of Gujarat, 2002 (1) RCR (Criminal) page 748, held that where, in a
CR. REVISION NO. 888 OF 2000 -4-

case, two views are possible, the one which favours the accused has to be

adopted by the Court.

A Division Bench of this Court in State of Punjab v. Hansa

Singh, 2001(1) RCR (Criminal) page 775, while dealing with an appeal

against acquittal, has opined as under:-

“We are of the opinion that the matter would have to be

examined in the light of the observations of the Hon’ble

Supreme Court in Ashok Kumar v. State of Rajasthan, 1991(1)

SCC 166, which are that interference in an appeal against

acquittal would be called for only if the judgment under appeal

were perverse or based on a mis-reading of the evidence and

merely because the appellate Court was inclined to take a

different view, could not be a reason calling for interference.”

Counsel for the petitioner has failed to show that the judgment,

under challenge, is perverse or based on misreading of evidence on record.

For the reasons, mentioned above, this revision petition fails

and the same is accordingly dismissed.





February 06, 2009.                                       ( Jasbir Singh )
DKC                                                           Judge