Case: Mahadeo Vs. State of Maharashtra &amp; Another

position that the prosecutrix was a minor was found to be fully established, thereafter, the only other question that needs to be examined is as to the sexual assault alleged to have been committed by the appellant on her and whether such an allegation was satisfactorily established before the Courts below. In this respect, after the prosecutrix was found missing, PW-1 after his initial search to trace his daughter, stated to have preferred missing report in Gandhi Chowk Police Station, alleging that she was missing along with gold ornaments valued at Rs.1 lakh. Thereafter, the search continued and that according to the prosecution the appellant himself brought back the prosecutrix to village Babhalgaon on 07.11.2005 whereafter the crime came to be registered as Crime No.219 of 2005. 14. After the prosecutrix was secured she was examined by PW-8, Dr. Aruna Varte on 10.11.2005 who issued the certificate Exhibit 43. As per the certificate Exhibit 43, PW-8 confirmed that hymen was old ruptured and that the prosecutrix was used for sexual intercourse. PW-8 confirmed Exhibit.43, medical certificate issued by her. PW-8 also confirmed that based on the chemical analysis report, she issued a medical certificate and confirmed the contents of the certificate Exhibit-43 wherein she had given the opinion that the prosecutirx was used for sexual intercourse. When the chemical analysis report was examined by the trial Court, the trial Court has referred to the contents of the chemical analysis report in Exhibits-60 and 61 and the same can be referred to which has been stated in paragraph 27. Para 27 reads as under: "27. C.A. report Ex.60 pertains to the Jangiya and petticoat of prosecutrix and nicker of accused and the result of its analysis shows that semen stains were found on Jangiya and petticoat of prosecutrix and nicker of accused and the blood group of said semen is AB. C.A. report Ex.61 pertains to the blood, vaginal swab and pubic hair of prosecutrix and the result of its analysis shows that no semen is detected on vaginal swab and pubic hair and blood group is B. C.A. report Ex.62 pertains to the semen, pubic hair and blood of accused and the result of analysis shows that the blood group of accused is AB; so also, no semen is detected on the pubic hair of accused. Now, from the aforesaid C.A. report, it transpired that the semen detected on Jangiya and petticoat of prosecutrix is of accused, because of blood group of accused as well as the blood group of semen found on the aforesaid clothes of prosecutrix is same. Therefore, these C.A. reports support to the prosecutrix to hold that the accused has committed rape on the prosecutrix."(Emphasis added) 15. Keeping the contents of the chemical analysis report, as noted by the Courts below in mind, when we consider the deposition of the prosecutrix PW-3, we find that she had narrated every minute detail as to how the appellant allured her by taking advantage of her contact with him while singing Bhajansongs, how he persuaded her by stating that recording of her Bhajans in audio cassette would enable her to earn tons of money and in that pretext also tempted her to take away the gold ornaments from the house worth Rs.1 lakh and thus gained her confidence to go along with him and misused his company by keeping her in a place at Karnool where she was not acquainted with the local language of Telugu and ultimately, abused her physically at least for more than for a month and twenty days. The vivid description of the behaviour of the appellant during the period when she was kept in his custody i.e., between 20.09.2005 to 07.11.2005, was clearly demonstrated by the prosecutrix and any amount of cross examination at the instance of the appellant, did not bring about any candid contradiction in her statement in order to disbelieve her deposition. The trial Court has also elaborately dealt with her deposition and found that the version of the prosecutrix was fully supported by the chemical analyst report, as well as, the medical evidence. 16. In such circumstances, the trial Court in our considered opinion rightly found the appellant guilty of the offences charged against him. The conclusion of the trial Court in having found the appellant guilty of offences under Sections 363 and 376 IPC was further upheld by the High Court by the impugned judgment. The High Court, however, found that the conviction for the offence under Section 506 IPC was not sufficiently supported by evidence and conviction and sentence for offence under Section 506 IPC was set aside. 17. Having perused the judgment of the High Court, we are also convinced that the said conclusion is also perfectly justified. 18. This Court in Lillualias Rajesh and another vs. State of Haryana reported in AIR 2013 SC 1784 , where one of us was a party, held in para 11 that: "11. In State of Punjab v. Ramdev Singh, AIR 2004 SC 1290 , this Court dealt with the issue and held that rape is violative of victims fundamental right under Article 21 of the Constitution. So, the Courts should deal with such cases sternly and severely. Sexual violence, apart from being a dehumanizing act, is an unlawful intrusion on the right of privacy and sanctity of a woman. It is a serious blow to her supreme honour and offends her self-esteem and dignity as well. It degrades and humiliates the victim and where the victim is a helpless innocent child or a minor, it leaves behind a traumatic experience. A rapist not only causes physical injuries, but leaves behind a scar on the most cherished position of a woman, i.e. her dignity, honour, reputation and chastity. Rape is not only an offence against the person of a woman, rather a crime against the entire society. It is a crime against basic human rights and also violates the most cherished fundamental right guaranteed under Article 21 of the Constitution."

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]10. We can also in this connection make a reference to a statutory provision contained in the Juvenile Justice (Care and Protection) Rules, 2007, whereunder Rule 12, the procedure to be followed in determining the age of a juvenile has been set out. We can usefully refer to the said provision in this context, inasmuch as under Rule 12 (3) of the said Rules, it is stated that in every case concerning a child or juvenile in conflict with law, the age determination enquiry shall be conducted by the Court or the Board or, as the case may be, by the committee by seeking evidence by obtaining:(a)(i) the matriculation or equivalent certificates, if available; and in the absence whereof; (ii) the date of birth certificate from the school (other than a play school); first attended; and in the absence whereof; (iii) the birth certificate given by a corporation or a municipal authority or a panchayat;11. Under Rule 12 (3) (b), it is specifically provided that only in the absence of alternative methods described under 12 (3) (a) (i) to (iii), the medical opinion can be sought for. In the light of such a statutory rule prevailing for ascertainment of the age of a juvenile, in our considered opinion, the same yardstick can be rightly followed by the Courts for the purpose of ascertaining the age of a victim as well.12. In the light of our above reasoning, in the case on hand, there were certificates issued by the school in which the prosecutrix did her Vth standard and in the school leaving certificate issued by the said school under Exhibit 54, the date of birth of the prosecutrix has been clearly noted as 20.05.1990, and this document was also proved byApart from the transfer certificate as well as the admission form maintained by the primary school Latur, where the prosecutrix had her initial education, also confirmed the date of birth as 20.5.1990. The reliance placed upon the said evidence by the Courts below to arrive at the age of the prosecutrix to hold that the prosecutrix was below 18 years of age at the time of the occurrence was perfectly justified and we do not find any good grounds to interfere with the same.13. Once the above position that the prosecutrix was a minor was found to be fully established, thereafter, the only other question that needs to be examined is as to the sexual assault alleged to have been committed by the appellant on her and whether such an allegation was satisfactorily established before the Courts below. In this respect, after the prosecutrix was found missing,after his initial search to trace his daughter, stated to have preferred missing report in Gandhi Chowk Police Station, alleging that she was missing along with gold ornaments valued at Rs.1 lakh. Thereafter, the search continued and that according to the prosecution the appellant himself brought back the prosecutrix to village Babhalgaon on 07.11.2005 whereafter the crime came to be registered as Crime No.219 of 2005.