{"id":211739,"date":"2009-01-13T00:00:00","date_gmt":"2009-01-12T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/sohan-lal-vs-state-of-haryana-on-13-january-2009"},"modified":"2017-06-01T17:43:43","modified_gmt":"2017-06-01T12:13:43","slug":"sohan-lal-vs-state-of-haryana-on-13-january-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/sohan-lal-vs-state-of-haryana-on-13-january-2009","title":{"rendered":"Sohan Lal vs State Of Haryana on 13 January, 2009"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
Sohan Lal vs State Of Haryana on 13 January, 2009<\/div>\n
                         Crl. Appeal No.309-DB of 2003                 1\n\n\n\n\nIN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.\n\n\n                         Case No. : Crl. Appeal No.309-DB of 2003\n                         Date of Decision : January 13, 2009\n\n\n            Sohan Lal                      ....    Appellant\n                         Vs.\n            State of Haryana               ....    Respondent<\/pre>\n
CORAM : HON’BLE MR. JUSTICE MEHTAB SINGH GILL<\/p>\n
            HON’BLE MR. JUSTICE L. N. MITTAL<\/p>\n
                         *     *   *<\/p>\n
Present :   Mr. A. S. Virk, Advocate
\n            and Mr. P. C. Chaudhary, Advocate
\n            for the appellant.\n<\/p>\n
            Mr. S. S. Randhawa, Addl. A. G., Haryana.\n<\/p>\n
                         *     *   *\n\nL. N. MITTAL, J. :\n\n<\/pre>\n
            Sohan Lal in this appeal has challenged judgment and order
\ndated 06.01.2003 of learned Additional Sessions Judge, Kurukshetra
\nthereby convicting the appellant under Section 376 of the Indian Penal
\nCode (in short – IPC) and sentencing              him to undergo rigorous
\nimprisonment for life.\n<\/p>\n
            Prosecution case may be narrated as under :-\n<\/p>\n
            On 06.05.2001, at about 08:30 P.M., the prosecutrix (name not
\nbeing mentioned), aged about 4 \u00bd years, was playing in the street outside
\nher house at Station Majri Mohalla, Shahbad Markanda, along with other
\n                          Crl. Appeal No.309-DB of 2003                     2<\/span><\/p>\n
children, whereas her mother Sunita-complainant was performing some
\npuja in the house. After 10-15 minutes, Sunita came out and found that the
\nprosecutrix was not there. On inquiry, the other children disclosed that the
\naccused Sohan Lal @ Popi had taken away the prosecutrix on the pretext of
\ngiving her something.    Complainant Sunita along with Rajesh, younger
\nbrother of her husband, started searching the prosecutrix. At about 09:30
\nP.M., they reached near liquor vend on Station Road, where from the
\nopposite direction, accused Sohan Lal was seen coming along with the
\nprosecutrix in his lap. However, on seeing the complainant and Rajesh, the
\naccused threw the prosecutrix on the ground and fled away. The prosecutrix
\nwas bleeding from vagina and legs and was unconscious. The accused had
\ncommitted rape on her. The complainant and Rajesh took the prosecutrix to
\nhospital, where on the road leading to the hospital, ASI Ramesh Kumar,
\nIncharge Police Post Shahbad, met them.           Sunita-complainant made
\nstatement Ex.P-Q to ASI Ramesh Kumar regarding the occurrence. Ramesh
\nKumar made endorsement Ex.P-C on it and sent it to Police Station
\nShahbad, where on its basis, FIR Ex.P-C\/1 was registered. Dr. Rachna
\nBansal PW-7 medico-legally examined the prosecutrix and found that she
\nwas conscious, uncooperative and crying in pain. Clothes were not torn but
\nwere stained with blood and mud. Following injuries were found on her
\nperson :-\n<\/p>\n
            (1)          Four abrasions each of approximately 1.5 cm\n                         x .5 cm seen on the right side of the face.\n            (2)          Small multiple abrasions on left cheek covering\n                         area of 3 x 2 cm. Abrasions were red in colour.\n            (3)          Abrasion of approximately 1 x .1 cm seen on the\n                         left nostril.\n            (4)          Patient complained of pain lower parietal and\n<\/pre>\n
                         occipital region of scalp in mid-line. Tenderness
\n                         was present. No bleeding. Advised X-ray.\n<\/p>\n
                               Crl. Appeal No.309-DB of 2003                    3<\/span><\/p>\n
                  On local examination, it was found as under :-\n<\/p>\n
                  (1)         Perineal tear was present extending upto the anus.<\/p>\n
                  (2)         Fresh bleeding was present.      Anterior wall of
\n                              rectum was protruding out.       Patient was not
\n                              allowing her to examine properly. Oedema was
\n                              present around the perineal area. Blood stains
\n                              were present all over thighs and lower leg and
\n                              perineum. Hymen was absent.\n<\/p>\n
              Vaginal swabs, frock and nikkar of the prosecutrix were given
\nin sealed parcels to the police vide Memo Ex.P-L. Rough site plan Ex.P-S
\nof the place of occurrence was prepared. Scaled site plan was also prepared.
\nStatements of witnesses were recorded. On 10.05.2001, the accused was
\narrested. Dr. R. L. Arya, on medico-legal examination of the accused, found
\nthat there was nothing to suggest that he was not capable to perform sexual
\nintercourse. Underwear of the accused was handed over in a sealed parcel
\nto the police. Vide report Ex. P-F of Forensic Science Laboratory, blood
\nwas detected on vaginal swabs and clothes of the prosecutrix and human
\nsemen was also detected on her frock, but semen could not be detected on
\nnikkar and vaginal swabs. Blood or semen also could not be detected on
\nunderwear of the accused. On completion of investigation, the accused was
\nsent for trial.\n<\/p>\n
              Charge under Section 376 IPC was framed against the accused,
\nwho pleaded not guilty and claimed trial.\n<\/p>\n
              In support of its case, the prosecution examined 14 witnesses.
\nDr. R. L. Arya PW-1 stated about medico-legal examination of the accused.
\nHead Constable Nasib Singh PW-2 tendered his affidavit Ex.P-A being
\nformal witness. Constable Ram Parkash PW-3 stated that he delivered
\nspecial reports in this case to Illaqa Magistrate and police officers. SI
\nChander Pal PW-4 stated that he prepared report under Section 173 of the
\nCode of Criminal Procedure (in short – Cr.P.C.). ASI Roshan Lal PW-5
\n                            Crl. Appeal No.309-DB of 2003                  4<\/span><\/p>\n
stated that he recorded formal FIR Ex.P-C\/1. Constable Ashok Kumar
\nPW-6 tendered his affidavit Ex.P-E being formal witness. Head Constable
\nMukesh Kumar PW-8 stated that he prepared scaled site plans Exs.P-J and
\nP-K of the place, from where the prosecutrix was taken away by the accused
\nand of the place where the prosecutrix was raped by the accused. Head
\nConstable Joginder Singh PW-9 stated he got the prosecutrix and the
\naccused medico-legally examined.        ASI Maya Ram PW-10 partly
\ninvestigated the case and recorded statements of some witnesses. Sunita-
\ncomplainant PW-11 and Rajesh PW-12 have broadly stated according to the
\nprosecution version narrated herein above. The prosecutrix was also put in
\nthe witness-box as PW-13, but in view of her tender age, she was found to
\nbe not in a position to make statement on oath and was therefore discharged.
\nASI Ramesh Kumar PW-14 stated about the investigation of the case
\nconducted by him.\n<\/p>\n
             The accused in his examination under Section 313 Cr.P.C.
\ndenied all the incriminating circumstances appearing against him in the
\nprosecution evidence and alleged that on that day, he was returning to his
\nhouse and he saw the prosecutrix lying injured on the road and being
\nneighbour, he took her in his lap to hand her over to her parents. However,
\nno evidence was led by the accused in his defence.\n<\/p>\n
             Learned Additional Sessions Judge, Kurukshetra, vide his
\nimpugned judgment and order dated 06.01.2003, convicted the accused
\nunder Section 376 IPC and sentenced him to undergo rigorous
\nimprisonment for life. Feeling dissatisfied, the convict has preferred this
\nappeal.\n<\/p>\n
             We have heard learned counsel for the parties and examined the
\ncase file with their assistance.\n<\/p>\n
             In this case, the FIR was lodged very promptly.            The
\nprosecutrix was playing outside her house at about 08:30 P.M. After 15-20
\nminutes thereof, her mother came out of the house and found that the
\n                          Crl. Appeal No.309-DB of 2003                     5<\/span><\/p>\n
prosecutrix was not there. The mother was told by the other children that
\nthe accused had taken away the prosecutrix on the pretext of giving her
\nsomething i.e. sweet etc. Sunita and Rajesh, mother and uncle respectively
\nof the prosecutrix, started searching for her. At about 09:30 P.M., they
\nfound that the accused was bringing the prosecutrix in his lap, but on seeing
\nthem, the accused threw the prosecutrix on the ground and fled away. The
\nprosecutrix was bleeding from vagina. She was taken to hospital. On the
\nroad to hospital, statement Ex.P-Q was made and the said statement
\nconcluded with police endorsement at 10:30 P.M. and FIR was registered at
\n10:45 P.M.     Thus, FIR was lodged very promptly.         Detailed version
\nnarrating entire sequence of events was given in the FIR. The accused was
\nalso named. FIR is thus a significant piece of evidence.\n<\/p>\n
             The prosecution version has been fully corroborated by Sunita
\nPW-11 and Rajesh PW-12, mother and uncle respectively of the prosecutrix.
\nThe prosecution even brought the prosecutrix to the witness-box, but being
\nof tender age, she was not found to be competent to depose. The statements
\nof Sunita and Rajesh are sufficient to prove the guilt of the accused.
\nCommission of rape on the prosecutrix is fully proved from the medical
\nevidence. Hymen was found absent. Clothes were stained with mud and
\nblood. Injury found on the person of the prosecutrix, as already noticed
\nabove, clearly establishes that she had been subjected to sexual intercourse.
\nDr. Rachna Bansal had also opined that there was strong possibility of rape.
\nOther injuries were also found on the person of the prosecutrix. Perineal
\ntear extending up to anus was present. Oedema was present around the
\nperineal area. Blood stains were present all over thighs and lower leg and
\nperineum. Human semen was also detected on the frock of the prosecutrix.
\nThus, there is ample evidence on record to establish that the prosecutrix had
\nbeen subjected to forcible sexual intercourse. The accused even in his
\nstatement under Section 313 Cr.P.C. has admitted that he was carrying the
\nprosecutrix, who was in injured condition. However, there is no evidence in
\n                           Crl. Appeal No.309-DB of 2003                    6<\/span><\/p>\n
support of the defence version that the accused found the prosecutrix lying
\nin injured condition on the road and being neighbour, he was taking her in
\nhis lap to hand her over to her parents. No such suggestion was even put to
\nprosecution witnesses Sunita and Rajesh in their cross-examination.
\nMoreover, if it had been so, there is no reason why the accused would have
\nthrown the prosecutrix on the ground on seeing her mother and uncle
\ncoming.    The accused has also not stated as to where he found the
\nprosecutrix on the road. On the contrary, the occurrence allegedly took
\nplace at a place near pond. This is substantiated by the fact that clothes of
\nthe prosecutrix were stained with mud as well besides blood. The accused
\nwas named in the FIR which was lodged very promptly. There is also no
\nreason why Sunita and Rajesh would depose falsely against the accused.
\nThus, the prosecution evidence is sufficient to establish the guilt of the
\naccused beyond reasonable doubt.\n<\/p>\n
             Learned counsel for the appellant contended that the case is
\nbased on circumstantial evidence and there is no eye-witness of the alleged
\noccurrence of rape. Relying on two judgments of Hon’ble Supreme Court in
\nBaldev Singh vs.      State of Haryana reported as          2009 (1) R.C.R.
\n(Criminal) 252 and State of U.P. vs. Ram Balak and<\/a> another reported as
\n2008 (4) R.C.R. (Criminal) 845, it was contended that in the case of
\ncircumstantial evidence, following tests have to be satisfied :-\n<\/p>\n
             (1)          the circumstances from which an inference of guilt
\n                          is sought to be drawn, must be cogently and firmly
\n                          established ;\n<\/p><\/blockquote>\n
             (2)          those circumstances should be of a definite
\n                          tendency unerringly pointing towards guilt of the
\n                          accused ;\n<\/p><\/blockquote>\n
             (3)          the circumstances, taken cumulatively should form
\n                          a chain so complete that there is no escape from
\n                          the conclusion that within all human probability
\n                          Crl. Appeal No.309-DB of 2003                     7<\/span><\/p>\n
                         the crime was committed by the accused and none
\n                         else; and
\n            (4)          the circumstantial evidence in order to sustain
\n                         conviction must be complete and incapable of
\n                         explanation of any other hypothesis than that of
\n                         the guilt of the accused and such evidence should
\n                         not only be consistent with the guilt of the accused
\n                         but should be inconsistent with his innocence ;
\n            (5)          if the evidence relied on is reasonably capable of
\n                         two inferences, the one in favour of the accused
\n                         must be accepted.<\/p><\/blockquote>\n
            In the instant case, however, all these tests are fully satisfied
\nand there is complete chain of circumstances to prove the guilt of the
\naccused and to exclude his innocence.\n<\/p>\n
            Learned counsel for the appellant contended that there is only
\nhear-say evidence of the children that the accused had taken away the
\nprosecutrix while she was playing outside the house, but the said children
\nhave not been examined as witnesses. The contention cannot be accepted.
\nThe children also could be of the age group of the prosecutrix and could not
\nhave been competent witnesses. However, they could certainly tell the
\nmother of the prosecutrix that the accused had taken away the prosecutrix.
\nThe said evidence is relevant and admissible and it was so mentioned in the
\nprompt FIR that the children told the complainant that the accused had
\ntaken away the prosecutrix. Moreover, a little while thereafter, the accused
\nwas found bringing the injured prosecutrix in his lap and on seeing the
\nmother and uncle of the prosecutrix, the accused fled away throwing the
\nprosecutrix on the ground. In the small interval, the accused had committed
\nrape on the prosecutrix. Since the accused had taken away the prosecutrix
\nand was also bringing her back after a short while, the only inference can be
\nthat it was the accused and not anybody else, who had committed rape on
\n                           Crl. Appeal No.309-DB of 2003                     8<\/span><\/p>\n
the prosecutrix because commission of rape is fully established even from
\nmedical evidence.\n<\/p>\n
            Learned counsel for the appellant emphatically argued that
\nSunita and Rajesh have made improvements in their statements in the Court.
\nIt was pointed out that Sunita deposed that the prosecutrix was playing
\nalong with the accused, but it was not so stated by her in the FIR, with
\nwhich she was confronted. Similarly, Rajesh stated in the witness-box that
\nhe was sitting on cot outside the house and the accused had taken away the
\nprosecutrix and that the prosecutrix told her that the accused had committed
\nrape on her, but Rajesh had not so stated before the police in his statement
\nEx.D-A under Section 161 Cr.P.C., with which he was confronted.
\nHowever, even if these improvements in the statements of these two
\nwitnesses are ignored or excluded from consideration being improvements,
\nthe other prosecution evidence is more than sufficient to bring home the
\ncharge against the accused. Learned counsel for the appellant contended
\nthat the mere circumstance that the accused was bringing the injured
\nprosecutrix is not sufficient to hold him guilty of the offence of rape. The
\ncontention is devoid of merit because this is not the solitary circumstance
\nproved by the prosecution. It has also been proved that a short while earlier,
\nit was the accused, who had taken away the prosecutrix and thereafter, he
\nwas seen bringing the prosecutrix and in the mean time, she had been
\nsubjected to sexual intercourse and it has also been proved that the accused,
\non seeing the mother and uncle of the prosecutrix, fled away throwing the
\nprosecutrix on the ground. All these circumstances complete the chain to
\nnail the accused.\n<\/p>\n
            From the aforesaid discussion, it emerges that guilt of the
\naccused-appellant has been proved beyond reasonable doubt.           Learned
\ncounsel for the appellant submitted that the case is based on circumstantial
\nevidence and therefore, maximum sentence of life imprisonment provided
\nfor the offence, as awarded by the trial court, should be reduced. We have
\n                             Crl. Appeal No.309-DB of 2003                   9<\/span><\/p>\n
carefully considered the submission. Keeping in view all the circumstances
\nof the case, we feel that the ends of justice would be met if the appellant is
\nawarded rigorous imprisonment for 14 years, instead of life imprisonment.
\nWe order accordingly and reduce the sentence of the appellant to rigorous
\nimprisonment for 14 years.\n<\/p>\n
            The appeal stands disposed of accordingly with aforesaid
\nmodification in sentence.\n<\/p>\n
            The appellant, if on bail, shall surrender to bail bonds or shall
\nbe arrested to undergo the remaining part of his sentence.<\/p>\n
\n\n\n\n                                                    ( L. N. MITTAL )\n                                                          JUDGE\n\n\n\nJanuary 13, 2009                              ( MEHTAB SINGH GILL )\nmonika                                                JUDGE\n <\/pre>\n","protected":false},"excerpt":{"rendered":"
Punjab-Haryana High Court Sohan Lal vs State Of Haryana on 13 January, 2009 Crl. Appeal No.309-DB of 2003 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : Crl. Appeal No.309-DB of 2003 Date of Decision : January 13, 2009 Sohan Lal …. Appellant Vs. State of Haryana …. Respondent CORAM […]<\/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":[8,28],"tags":[],"class_list":["post-211739","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\nSohan Lal vs State Of Haryana on 13 January, 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-lal-vs-state-of-haryana-on-13-january-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Sohan Lal vs State Of Haryana on 13 January, 2009 - 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