Recently, the Chhattisgarh High Court allowed the appeal, directed against the judgment of conviction and order of sentence dated 25.07.2018 passed by the learned Special Session Judge, whereby the appellant was convicted under Section 376(2)(L) IPC and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.
The court held that the FSL report, which found sperm on the victim’s vaginal slide, was not properly put to the appellant during his Section 313 CrPC examination; failure to question the accused on incriminating material violates the principle of natural justice and can render the conviction unsustainable
Brief Facts:
The appellant was convicted by the Special Judge (SC/ST Act) for allegedly committing rape on a mentally disabled and hearing-impaired woman on 08.01.2017. The victim's grandmother claimed to have seen the appellant lying on top of the victim at their home and reported the incident to family members, leading to the registration of an FIR. The prosecution relied on the victim’s testimony, recorded with the help of a sign language interpreter, and the forensic report, which detected sperm on the vaginal slide of the victim. The trial court, relying on the evidence, convicted the appellant and sentenced him to 10 years of rigorous imprisonment under Section 376(2)(L) IPC and life imprisonment under Section 3(2)(v) of the SC/ST Act, along with fines.
Contentions of the Appellant:
The learned counsel for the appellant argued that the prosecution failed to establish guilt beyond reasonable doubt. It was contended that the medical report did not confirm recent sexual intercourse, and the FSL report was not properly put to the appellant during his Section 313 CrPC examination, depriving him of an opportunity to explain. The appellant also argued that the victim was mentally unsound and that her testimony lacked credibility.
Contentions of the Respondent:
The learned State counsel supported the conviction, contending that the victim’s statement, supported by forensic evidence, was sufficient for conviction. It was submitted that the trial court correctly appreciated the evidence, and minor inconsistencies did not weaken the prosecution’s case.
Observations of the Court:
The Court noted that the victim’s testimony was recorded with the assistance of an interpreter, but her inability to respond to cross-examination raised concerns about its reliability. The prosecution witnesses, including the victim’s grandmother and father, admitted that she was mentally unsound, which affected the evidentiary value of her statement.
The Court observed that a deaf and dumb person is a competent witness if, in the opinion of the Court, an oath can be administered to him/her. In case the witness is not able to read and write, his/her statement can be recorded in sign language with the help of an interpreter if necessary. The Court said that the FSL report, which found sperm on the victim’s vaginal slide, was not properly put to the appellant during his Section 313 CrPC examination; failure to question the accused on incriminating material violates the principle of natural justice and can render the conviction unsustainable.
Decision of the Court:
The Chhattisgarh High Court, allowing the appeal, held that the impugned judgment of conviction and order of sentence is hereby set aside.
Case Title: Bhikham Patel vs. State of Chhattisgarh
Coram: Hon’ble Justice Rajani Dubey and Hon’ble Justice Narendra Kumar Vyas
Case No.: CRIMINAL APPEAL NO: 1462/2018
Advocate for the Appellant: Mr. Arun Kumar Shukla
Advocate for the Respondent: Mr. Akhilesh Kumar, Government Advocate
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