{"id":102274,"date":"2009-10-09T00:00:00","date_gmt":"2009-10-08T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/sohan-singh-anr-vs-state-of-bihar-on-9-october-2009"},"modified":"2016-06-23T10:52:42","modified_gmt":"2016-06-23T05:22:42","slug":"sohan-singh-anr-vs-state-of-bihar-on-9-october-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/sohan-singh-anr-vs-state-of-bihar-on-9-october-2009","title":{"rendered":"Sohan Singh & Anr vs State Of Bihar on 9 October, 2009"},"content":{"rendered":"
Supreme Court of India<\/div>\n
Sohan Singh & Anr vs State Of Bihar on 9 October, 2009<\/div>\n
Author: D Verma<\/div>\n
Bench: V.S. Sirpurkar, Deepak Verma<\/div>\n
           Crl.A.No.971\/03\n\n\n                                                                          REPORTABLE\n\n                                IN THE SUPREME COURT OF INDIA\n\n                           CRIMINAL APPELLATE JURISDICTION\n\n                                CRIMINAL APPEAL NO.971 OF 2003\n\n          Sohan Singh & Anr.                                           .....Appellants\n\n                  Versus\n\n          State of Bihar                                               .....Respondent\n\n\n                                           JUDGMENT\n<\/pre>\n
          Deepak Verma, J.\n<\/p>\n
          1.      Appellants, two in number, were charged and prosecuted for commission<\/p>\n
          of offence under Section 376(2)(g) of the Indian Penal Code (for short, ‘IPC’) for<\/p>\n
          having committed rape on prosecutrix at about 7.00 p.m. on 23rd July 1983 by 5th<\/p>\n
          Additional Sessions Judge, Begusarai in Sessions Trial No.94 of 1998 decided on<\/p>\n
          26th September 1991, who found them guilty and awarded four years jail<\/p>\n
          sentence to each one of them. The said judgment of the learned Sessions Judge<\/p>\n
          was subject-matter of challenge at the instance of the appellants in the High<\/p>\n
          Court of Patna by filing Criminal Appeal No.360 of 1991 decided on 17th<\/p>\n
          December 2002.        The appeal of the accused-appellants has been dismissed and<\/p>\n
          the conviction of the appellants under Section 376(2)(g) of IPC has been upheld<\/p>\n
          and sentence of four years awarded by Trial Judge has also been affirmed.<\/p>\n
          Hence, this appeal.\n<\/p>\n
Crl.A.No.971\/03<\/p>\n
                                                   -2-<\/span><\/p>\n
          2.      The prosecution case, in short, is as under :\n<\/p>\n
                  On 23th July 1983 at about 7.00 p.m., P.W.3-prosecutrix was returning<\/p>\n
          home along with Shiela Devi, her sister-in-law, after giving fodder to cattle.<\/p>\n
          After they had proceeded few steps from the place, Sohan Singh aged 19 years<\/p>\n
          and his brother Mohan Singh aged about 22 years waylaid them. Mohan Singh<\/p>\n
          confronted prosecutrix whereas Sohan Singh caught hold of Shiela Devi. They<\/p>\n
          threatened them on the point of pistol not to raise any alarm, otherwise they<\/p>\n
          would be met with dire consequences.            Mohan Singh got in full grip of<\/p>\n
          prosecutrix and forcibly took her to the nearby maize field. There, he committed<\/p>\n
          offence of rape on the prosecutrix. Subsequently, Sohan Singh also repeated the<\/p>\n
          crime of sexual assault upon her. In the meantime, on alarm being raised, P.W.2 –<\/p>\n
          husband of prosecutrix came. He was assaulted by both of them, with the butt of<\/p>\n
          the pistol. He sustained injuries. Thereafter, some other villagers came on the<\/p>\n
          spot. Obviously, both the accused fled away from the place of occurrence.<\/p>\n
          3.The prosecution case was based on fard bayan of P.W.3-prosecutrix.<\/p>\n
          4.P.W.3-prosecutrix did not lodge an FIR immediately. The same was lodged on<\/p>\n
          24th July 1983 at about 8.30 in the morning. Reasons have been assigned by her<\/p>\n
          as to why she was not able to lodge the FIR immediately, which have been found<\/p>\n
          by both the courts below to be reasonable and plausible.<\/p>\n
          5.P.W.1- Shiela Devi has deposed that incident had taken place about eight years<\/p>\n
          back on one Saturday evening. On the said date, she, along with
\nCrl.A.No.971\/03<\/p>\n
                                                -3-<\/span><\/p>\n
          prosecutrix was returning home. When both of them reached maize field of<\/p>\n
          Garif Singh, Sohan Singh took out his pistol and pointed it towards them. Other<\/p>\n
          accused Mohan Singh dragged prosecutrix in the nearby field and committed<\/p>\n
          rape. After coming out from the field, the other brother also went to commit the<\/p>\n
          same but on commotion being raised, husband of prosecutrix, viz., Ram Prakash<\/p>\n
          appeared. Ram Prakash was assaulted by both the accused and thereafter they<\/p>\n
          ran away from there. Both the accused were identified by P.W.1. Even though<\/p>\n
          she was cross-examined at length by the learned counsel appearing for the<\/p>\n
          appellants but veracity of her evidence could not be doubted.<\/p>\n
          6.The evidence of P.W.2-Ram Prakash also reflects that his wife was raped about<\/p>\n
          7-8 years back on an evening by the appellants. He was at home at that time. On<\/p>\n
          hearing the alarm of Shiela Devi, he went to the spot where he found that his<\/p>\n
          wife was coming from the field towards its boundary. Her clothes were torn. He<\/p>\n
          further deposed that when he reached the spot, both the appellants – Mohan<\/p>\n
          Singh and Sohan Singh – started assaulting him. He had also sustained injury on<\/p>\n
          account of blow of the butt of the revolver\/pistol. His wife then informed that<\/p>\n
          they had committed offence of rape.         In the meanwhile, on account of<\/p>\n
          commotion, several other persons also reached the spot.          In his cross-<\/p>\n
          examination, he has admitted that they belong to low caste and several persons<\/p>\n
          had gathered after the incident to decide the future course of action. They then
\nCrl.A.No.971\/03<\/p>\n
                                                 -4-<\/span><\/p>\n
          decided that FIR should be lodged and then they had gone to the police station<\/p>\n
          with prosecutrix on the next day to lodge the FIR. He has also deposed that after<\/p>\n
          being assaulted by accused, he had gone for treatment to Dr. Chandra Prakash.<\/p>\n
          7.Similarly, P.W.3-prosecutrix also deposed in categorical terms with regard to<\/p>\n
          the manner in which the offence of rape was committed on her – first by Mohan<\/p>\n
          Singh and the same assault was thereafter committed by his brother Sohan Singh.<\/p>\n
          Thus, the evidence of P.W.1, P.W.2 and P.W.3 clearly establishes that it was<\/p>\n
          appellants who had committed rape\/assault on the prosecutrix. Although copy of<\/p>\n
          the evidence of P.W.3 is not available in the paper book, we have scrutinized the<\/p>\n
          same from the original record available in the Registry.<\/p>\n
          8.Prosecutrix was also examined by P.W.6-Dr. (Smt.) B. Mishra on 24th July 1983<\/p>\n
          who had not found any external or internal body injuries on the person of the<\/p>\n
          prosecutrix. Her hymen was found to be ruptured. Her uterus was of normal<\/p>\n
          size and she was menstruating during that period. No dead or alive spermatozoa<\/p>\n
          was found. Doctor was not able to give any definite opinion regarding rape.<\/p>\n
          9.Learned Sessions Judge, on appreciating the evidence available on record,<\/p>\n
          recorded a finding of commission of offence of gang rape on the prosecutrix but,<\/p>\n
          looking to the tender age of the appellants at that time, awarded them sentence of<\/p>\n
          four years each.\n<\/p>\n
          10.As mentioned hereinabove, the said judgment was further challenged by filing<\/p>\n
          an appeal in the High Court but the same also met the fate of dismissal.
\nCrl.A.No.971\/03<\/p>\n
                                                   -5-<\/span><\/p>\n
          11.Learned counsel for the appellants strenuously contended before us that :<\/p>\n
                  (i)FIR was delayed and no plausible or valid reasons have been assigned<\/p>\n
                  for the delay;\n<\/p><\/blockquote>\n
                  (ii)no external or internal injuries were found on the body of the victim or<\/p>\n
                  even on her private parts;\n<\/p><\/blockquote>\n
                  (iii)the prosecutrix failed to inform Dr. Chandra Prakash who had<\/p>\n
                  examined her husband and given him the treatment; and<\/p>\n<\/blockquote>\n
                  (iv)there was enmity between the two families which has resulted in false<\/p>\n
                  implication of the appellants.\n<\/p><\/blockquote>\n
\n<\/blockquote>\n
          12.     We have critically gone through the material evidence of P.W.1, P.W.2 and<\/p>\n
          P.W.3. They all have said in one voice with regard to the manner in which the<\/p>\n
          offence was committed by the appellants. The said evidence inspires confidence,<\/p>\n
          more so, when the evidence was recorded almost after eight years from the date<\/p>\n
          of commission of the offence, yet, there is great consistency therein.<\/p>\n
          13.     There is no reason to doubt the truthfulness of the evidence so deposed by<\/p>\n
          the aforesaid three witnesses.\n<\/p>\n
          14.As far as delay in lodging the FIR is concerned, we are also satisfied that it<\/p>\n
          cannot be termed to be inordinately delayed. Even otherwise, in our considered<\/p>\n
          opinion too, it cannot be said that there has been inordinate or unexplained delay
\nCrl.A.No.971\/03<\/p>\n
                                                 -6-<\/span><\/p>\n
          in lodging the FIR. When FIR by a Hindu lady is to be lodged with regard to<\/p>\n
          commission of offence like rape, many questions would obviously crop up for<\/p>\n
          consideration before one finally decides to lodge FIR. It is difficult to appreciate<\/p>\n
          the plight of the victim who has been criminally assaulted in such a manner.<\/p>\n
          Obviously, prosecutrix must have also gone through great turmoil and only after<\/p>\n
          giving it a serious thought, must have decided to lodge the FIR. Precisely this<\/p>\n
          appears to be the reason for little delayed FIR. As mentioned hereinabove, the<\/p>\n
          delay has already been found to be properly explained by both the courts below.<\/p>\n
          Thus, we are not required to deal with this issue any more.<\/p>\n
          15.     Admittedly the prosecutrix was already a married lady and, therefore, it<\/p>\n
          was not necessary that some external or internal injuries should have been found<\/p>\n
          on her person.\n<\/p>\n
          16.     No doubt, it is true that doctor could not give any definite opinion with<\/p>\n
          regard to commission of offence, but, it was not the case of the appellants that<\/p>\n
          they had not committed the rape but they had taken a plea of consensual sex with<\/p>\n
          the prosecutrix which has not been believed by the two courts below.<\/p>\n
          17.     Enmity between the two families would not lead to such a serious<\/p>\n
          consequence of lodging FIR of commission of gang rape by the appellants.<\/p>\n
          18.Thus, looking to the matter from all angles, we are of the opinion that there is<\/p>\n
          no merit or substance in this appeal. The same is accordingly hereby
\nCrl.A.No.971\/03<\/p>\n
                                              -7-<\/span><\/p>\n
          dismissed. The conviction and sentence awarded by the two courts below is<\/p>\n
          hereby confirmed. Appellants are on bail. They shall surrender to their bail<\/p>\n
          bonds within seven days from today so as to undergo the remaining part of the<\/p>\n
          jail sentence.\n<\/p>\n<\/p>\n
                                                       ………………………………………….J.
\n                                                       [V.S. SIRPURKAR]<\/p>\n
                                                       …………………………………………..J.
\n                                                       [DEEPAK VERMA]
\n          New Delhi.\n<\/p>\n
          October 09, 2009.<\/p>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India Sohan Singh & Anr vs State Of Bihar on 9 October, 2009 Author: D Verma Bench: V.S. Sirpurkar, Deepak Verma Crl.A.No.971\/03 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.971 OF 2003 Sohan Singh & Anr. …..Appellants Versus State of Bihar …..Respondent JUDGMENT Deepak Verma, J. 1. […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-102274","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nSohan Singh & Anr vs State Of Bihar on 9 October, 2009 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/sohan-singh-anr-vs-state-of-bihar-on-9-october-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Sohan Singh & Anr vs State Of Bihar on 9 October, 2009 - 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