State Of Chhattisgarh vs Lekhram

PW-1 alleged in her evidence before the court that she was taken out of the house by the Respondent stating that he would take her to the Narmada Fair.

The prosecution admittedly was proceeding on the hypothesis that the Respondent had assured her that he would keep her like his wife. When she denied the said fact, she was declared hostile.

Before the learned Trial Judge, evidence was adduced on behalf of the prosecution to show that as on 25.2.1986, she was minor. Apart from the statement of the prosecutrix herself, her father (PW-3) as also the Head Master (PW-4) and the Assistant Teacher (PW-5) of the Primary Govt. School Baj Gauda were examined. The entry in the school register showing the date of birth of the prosecutrix to be 25.12.1970 was proved. The learned Sessions Judge on the basis of the said evidence opined that on the date of occurrence she was a minor.

The prosecutrix was a mature girl. She was married. She spent a few months in her in-laws' place. The Respondent was working in her house. They, thus, knew each other for a long time. The prosecution evidently could not prove its case that she was enticed away from the custody of her guardian by the Respondent on a false plea that he would marry her. She denied the said suggestion as presumably she was aware that she being married, the question of her marrying the Respondent again may not arise. She lived for some time with the Respondent in a rented house. Both the courts proceeded on the basis that she was a consenting party. The occurrence took place in the year 1986. The Respondent preferred an appeal before the High Court in the year 1987. The same remained pending about 10 years. The special leave petition was filed by the State 230 days after the prescribed period of limitation for preferring such appeal. The delay in filing the special leave petition, however, was condoned. He is said to have remained in custody for about one and a half year. In the peculiar facts and circumstances of this case and having regard to the fact that both the courts have arrived at the conclusion that she was a consenting party, in our opinion, it may not be proper to send the Appellant back to prison.

Only because PW-3 the father of the prosecutrix could not state about the date of birth of his other children, the same, by itself, would not mean that he had been deposing falsely. We have noticed hereinbefore, that he, in answer to the querries made by the counsel for the parties, categorically stated about the year in which his other children were born. His statement in this behalf appears to be consistent and if the said statements were corroborative of the entries made in the register in the school, there was no reason as to why the High Court should have disbelieved the same. We, therefore, are of the opinion that the High Court committed a serious error in passing the impugned judgment. It cannot, therefore, be sustained. It is set aside accordingly.

For the aforementioned reasons, while setting aside the judgment of the High Court and affirming that of the Trial Court, we are of the opinion that the interest of justice would be met if the Respondent is directed to be sentenced to the period already undergone by him. This appeal is allowed with the aforementioned directions.