State Of Punjab vs Paramjit Singh
2023 Latest Caselaw 39 P&H

      IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

207                                           CRM-A-718-2022
                                              Decided on : 04.01.2023
State of Punjab
                                                           ......Applciant(s)
                                    Versus
Paramjit Singh
                                                     ......Respondent(s)

CORAM : HON'BLE MR.JUSTICE G.S. SANDHAWALIA
        HON'BLE MS.JUSTICE HARPREET KAUR JEEWAN

Present:    Mr. Navneet Singh, Sr. DAG, Punjab.

                *****
G.S. Sandhawalia, J. (Oral)

Present application has been filed under Section 378 (3)

Cr.P.C. for permission to file an appeal against the judgment of acquittal

as per the judgment of the Special Judge, Moga dated 03.12.2021 in FIR

No.1 dated 07.01.2020 under Sections 363, 366-A, 376, IPC and Section 4

of the Protection of Children from Sexual Offences Act, 2012 registered

at Police Station, Badhni Kalan, District Moga.

The reason for acquittal is that the victim has not said a single

word against the accused and stated that she never made any statement

against the accused to the police. As per her statement signatures on the

statement recorded under Section 164 Cr.P.C. (Ex.P1) that she suffered

statement as per the tutoring done by the police officials. Therefore,

keeping in view the non-conclusive report of the DNA Report, whereby it

had been opined that the accused could not be excluded as source of

human semen on the vaginal swabs of the victim, the benefit has to be

granted. The trial Court has also noticed that DNA result must be

corroborated by independent evidence before the same could be relied

upon and is advisory in nature and the Court was not bound by the.

Resultantly, the benefit of doubt has been extended.

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We have perused the judgment of the trial Court and found

that the complainant Darshan Kaur, who is the cousin as such also did not

support the case of the prosecution, who initially had stated to the police

officials that the accused had induced the victim and who was employed at

a scooter repair shop and had come in contact with the victim. The police

officials and the medical officers as such have formally deposed and the

Medical Officer stated that she had medically examined the victim who is

stated to be 15 years of age. Apparently, nothing has come on record to

show to prove her date of birth in the form of birth certificate issued by

Registrar, Births & Death or in the form of School Admission/Leaving

Certificate. Thus, in the absence of any substantial evidence either in the

form of victim's age or in the form of complainant stating in affirmative,

the benefit has rightly been granted by the trial Court. As noticed the age

aspect and the minority as such of the victim has not been proved either by

parents or by producing the relevant certificates by the investigating

agency.

In such circumstances, this Court is of the opinion that the

trial Court has not erred in any manner in granting the benefit of doubt as

such to the respondent and no case is made out for granting permission to

file an appeal under Section 378 (3) Cr.P.C. Accordingly, the present

application is dismissed.

                                                (G.S. SANDHAWALIA)
                                                        JUDGE


                                           (HARPREET KAUR JEEWAN)
04.01.2023                                          JUDGE
Naveen
         Whether speaking/reasoned :                         Yes
         Whether Reportable :                                No


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