Ram Vs. State of Himachal
Pradesh  Insc
278 (25 February 2008)
Sema & P.P. Naolekar
O R D
E R REVIEW PETITION (CRL.) NO.1038 OF 2005 IN CRIMINAL APPEAL NO.1266 OF 1998
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
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
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 :-
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.
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.
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.
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.
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.
That my father bears a good moral character and all this unfortunate happened
due to my mother.
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.
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
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.
& signed at Seema Deponent...
Dated:-22 NOV 2005."
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
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.
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.
the aforesaid direction, the review petition is dismissed. Registry shall
transmit the records along with the copy of this order to Session Judge, Shimla