Ranvir
Singh Vs. State of Madhya Pradesh [1996] INSC 1379 (1 November 1996)
G.N.
Rav, B.L. Hansaria G.N. Ray.J.
ACT:
HEAD NOTE:
This
appeal is directed against judgment dated 11.6.1986 passed by the Indore Bench
of the Madhya Pradesh High Court in Criminal Appeal No.15 of 1983 arising out
of judgment dated 1.11.1963 passed by the learned Fourth Additional Sessions
Judge, Ujjain Division in Sessions Trial No.154 of 1982. By the impugned judgement,
the High Court has upheld the conviction of the appellant under Section 366 and
376 of the Indian Penal Code and consequential sentence of rigorous
imprisonment for three years on each count with a direction that oath the
sentences would run concurrently as ordered by the learned Additional Sessions
Judge.
The appellant
was tried along with another accused Jabbar for offences under Sections
363,366. A or in the alternative under Section 366 IPC. The appellant was also
charged for offence under Section 376 IPC and the co-accused was charged under
Section 376 read with Section 109 IPC. It may be stated here that the
co-accused was acquitted by the learned Additional Sessions judge of all the
charges. The accused appellant Ranvir Singh was a driver of a truck. The
prosecution case in short is that on 4.6.1982, the prosecutric Annubai aged
below 18 years and then living under the guardianship of her father Dayaram at
village Biloank had gone to village Satrunda along with Kamla and Anandi of the
said village Biloank. At Satrunda, all of them were waiting for a transport for
going to Khacnrand. At about 10 to 11 A.M. a
truck No.6313 MPU came there being driven by the appellant Ranvir Singh. on the
assurance of Ranvir Singh that the truck was going to Khacnrand all the three
ladies sat on the front side of the truck and it started moving. About a
kilometer away from village Runija towards west the accused Ranvir Stopped the
truck and told that the engine had become hot and asked the ladies to take
water. The prosecutrix Annubai being unwell and also not being thirsty then,
did not get down out the other ladies out down from the truck and proceeded
towards the well.
Initially,
Ranvir and the helper in the truck also got down but with in a few minutes Ranvir
came back and inside the truck committed rape on Annubai. Annubai told about
such incident of raping to the other two ladies when they came back but the
place being lonely, they could not do anything and decided to take up the
matter at Runija. The truck thereafter proceeded and stooped near Railway
Station Runija. Kamla and Anadi oat down from the truck and when the prosecutrix
Annubai tried to got down, she was pushed back by Ranvir and the truck started
moving. Kamla and Anandi being certified informed the matter to the Station
master of Runija Railway Station. The Station Master telephoned to the police
station Badnagar. Annubai was found inside the drivers cabin in the truck. The
accused persons were taken to police custody and the truck was seized. Annubai
lodged a report in the police station house Barnagar. The police Barnagar
handed over the case to the police station Bhatpanchala. The police of the said
Bhatpanchala P.S. registered the offence and seized the ghagra of the prosecutrix
and the underwear of Ranvir Singh which he was wearing then.
Both
the prosecutrix and the accused Ranvir were medically examined. The seized
cloths of the prosecutrix and Ranvir were sent for chemical examination and
they were found to be stained with semen and spermatozoa. The accused denied
the guilt. According to accused No.2 Jabbar, he had no knowledge of rape and he
was sitting on the dala of the truck. Annubai (PW 4) gave deposition in support
of the allegation of being raped by the accused Ranvir. The age of the prosecutrix
was determined with the help of ossification test. Dr. Vikas Choudhary, Asst,
Surgeon, Civil Hospital of Ujjain after examining X-Ray report of the prosecutrix
gave opinion that the age of Annubai was between 17 to 19 years.
Annubai
stated that her age was about 16 years. Considering the said evidences, the learned
Additional Sessions Judge held that the age of the prosecutrix was below 18
years and as such question of her being under the custody of her father Dayaram
and her abduction from the lawful guardianship of her father did not arise. PW
3 Dr. Rajmal Jain had examined the accused on 5.6.1982 on the requisition
Ext.P-3A and Dr. Jain's report is Ext.P-3. Dr. Jain found Ranvir Singh capable
of performing sexual intercourse. PW 14 Ramchandra Mishra. A.S.I.Badnagar has
deposed that on the basis of information received from P.W 5 Station Master Runija
Railway Station which was recorded in the Roznamcha (Ext.P-10) of the police
station he apprehended the said truck and arrested the accused and also
recovered at the prosecutrix form inside the driver's cabin of the truck. PW 5
has deposed that being told by the two ladies, he informed the police. A.S.I Ramchandra
Mishra has also deposed that when by waiving his hand, he signalled the truck
to stop, the truck did not stop. But because there was a Toll Tax barrier about
15 paces ahead, the truck had to stop there.
Sri Ramchandra
Mishra has also deposed that accused Ranvir was than driving the truck and on
search of the truck, the prosecutrix was found underneath the sleeping coach in
driver's cabin. PW 4 Annubai has corroborated PW 14 Ramchandra Mishra as to the
place from where the police had found her inside the truck. PW 9 Kamla has
supported the prosecution case that in the assurance of Ranvir that the truck
was going to Khachrand all the three ladies got in to truck and after some time
the truck stooped and they were told by Ranvir that the engine had become hot.
As Annubai was not feeling thirsty and was not also feeling well. She had
stayed back out all others including the driver got down. Thereafter the driver
came back to the truck. When Kamla and Anandi came back Annubai told them that Ranvir
had raped he in the driver a seat and they decided to take up the matter at Runija.
She has also deposed that when the truck stopped near Runija Railway Station
she and Anandi has got down out the prosecutrix was prevented by the accused
form getting down and the truck moved away. She then went to the station master
of Runija Railway Station and sought his held.
The
learned Additional Sessions Judge after considering the evidence adduced in the
case and also considering the fact that the prosecutrix was found below the
driver a seat in the truck when the same was intercepted by the police and also
considering the fact that both on the 'ghagra of the prosecutrix and on the
underwear of Ranvir Singh semen and spermatozoa had been found on chemical
examination, accepted the prosecution case that the accused had forcibly taken
the prosecutrix in the truck being driven by him and he had also committed rape
on the prosecutrix. Accordingly, the said order of conviction and sentence for
the offence under Section had and 376 IPC. was passed by the learned Additional
Sessions Judge. The learned Additional Sessions Judge did not accept the case
of the accused Ranvir that the prosecutrix was a women of easy virtue and she
on her own accord wanted to go to Ujjain and as such did not got down at Runija
and also hid herself beneath the driver a seat so as to avoid detection by the
police and thus prevented from going to Ujjain and by her own consent she had
allowed the accused to have sexual intercourse with her. As aforesaid, the High
Court has also upheld the conviction and sentence passed against the accused Ranvir.
Mr. Bimal
Dave, learned counsel appearing for the accused appellant, has submitted that
the age of the prosecutrix was found by the court as above 16 years at the time
of incident. It has also come out in the evidence that the prosecutrix intended
to do to Ujjain in the said truck.
It is
also an admitted position that the prosecutrix and her two companions
voluntarily got in to truck for taking a lift. It has also come out in evidence
that when the truck had to be stopped as the engine became very hot, every one
in the truck got down except the prosecutrix and she on her own will, stayed
back and remained inside the driver's cabin. The prosecutrix did not suffer any
injury on her person even scratches and bruises which were reasonably excepted
if one was subjected to race against her will by the accused Ranvir. It has
also come out in the evidence that the prosecutrix was a women of easy virtue.
It is therefore quite likely that in order to induce Ranvir to give her a free
lift up to Ujjain, she voluntarily agreed to have
sexual intercourse with the accused. Accordingly, the appellant was not liable
to be convicted for either of the said offences, namely under Section 366 and
376 IPC. The appeal should therefore, be allowed by setting aside the
conviction and sentence passed.
After
giving our careful consideration to the facts and circumstances of the case and
the submissions made by Mr. Dave. we are unable to accept the contentions of Mr.Dave.
It has been Clearly submitted that the prosecutrix and her two companions Kamla
and Anandi got inside driver a cabin when they sought a lift up to Khacnarnd in
the truck driven by the accused Ranvir after being assured by the said accused
that the truck was going to khachrand. It has also been established that when
accused stopped the truck by stating that the engine became hot, excepting prosecutrix
every one got down. After some time when Kamla and Anandi after taking water
from a well came Back they found the prosecutrix and the accused in the truck,
immediately, the prosecutrix complained to Kamla and Anandi that she was raped
by Ranvir. As the place was lonely out of fear, the prosecutrix and two other
ladies decided to take the matter after reaching Runija. It has been also
clearly established by the deposition of Kamla that although Kamla and Anandi
could get down near Runija Railway Station. Ranvir drove away the truck with prosecutrix.
Immediately Kamla sought help of the station master at Runija who had
telephoned to the police. It has also come out in the evidence that when police
wanted to stop the truck being driven by Ranvir, Ranvir initially did not stop
at the signal of the police Officer but had to stop little ahead because of
barrier for collecting toll tax. The prosecutrix was found by the police inside
the driver's cabin under the driver's seat.
Her ghagra
and the underwear of Ranvir were seized by the police and on chemical
examination semen and spermatozoa were found on both the said garments. Even of
the prosecutrix was a woman of easy virtue, she could not at raped by the
accused. If she had voluntarily agreed to have sexual intercourse with the
accused, she would not have complained immediately when Kamla and Anandi came
back.
The
police when signalled the truck did not see the prosecutrix sitting in the
driver's cabin. In case of voluntarily accompanying the accuse for a lift up to
Ujjain she was expected to be seated
comfortably in the truck and not to be found out beneath the driver a seat.
In our
view in the facts of the case, the conviction and sentence of the appellant are
fully justified. The appeal is, therefore, dismissed. The appellant has been
released on bail. His bail bonds stand cancelled. He would be taken to custody
to serve out the sentence.
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