Ramesh Harijan vs State Of U.P

2. Facts and circumstances giving rise to this appeal are that:

7. The prosecution has examined Kunwar Dhruv Narain Singh (PW.1), the scribe of the FIR lodged by Batasi Devi (PW.2), mother of the deceased Renu. He deposed that Renu was living with her maternal grandmother Smt. Phulpatta Devi who was totally blind and a very poor woman. Her thatched house had fallen down so she used to sleep in the house of Ramesh, appellant which was adjacent to her house. Renu was found dead on 30.1.1996 in the night on her cot in the house of Ramesh, appellant. Ramesh, appellant made the extra-judicial confession before him in presence of Jata Shankar Singh (PW.7) and Shitla Prasad Verma (PW.8). The father of Ramesh used to work in his house, however, at the relevant time, he was working in Sidharth Nagar. Batasi Devi (PW.2) had come to him and asked him to write the FIR so that she can lodge the same with the police station. However, he denied the suggestion that he had a grudge against Ramesh, appellant as it was because of the appellant and his father that other persons of the village were not working at his house.

9. Jata Shankar Singh (PW.7) deposed that he was originally of another village but was living in the house of Kunwar Dhruv Narain Singh (PW.1), in the same village for 15-16 years. He told that on 30.1.1996 when he was returning alongwith Shitla Prasad Verma (PW.8), to his house after marketing at about 9.00 p.m., he heard some whispering near the house of appellant Ramesh. He was having a torch so he focussed it in the same direction and found that Ramesh, appellant was committing rape on a little girl of 6 years beneath a tree situated outside his house. His associate Shitla Prasad Verma (PW.8) raised a cry as a result of which some persons from the village gathered but appellant Ramesh ran out. The girl had died of rape.

10. Shitla Prasad Verma (PW.8). has supported the prosecution case narrating the similar facts as stated by Jata Shankar Singh (PW.7).

12. Sharafat Hussain, S.I., (PW.13), the Investigating Officer, deposed that he had recovered a part of Khatari (thin mattress) and white sheet with which Renu was covered. He tried to search the appellant/accused, however, the appellant could be arrested at 3.35 a.m. in the intervening night of 3/4.2.1996 from the junction of three roads at Mahulghat when he was waiting for some transport to leave the area.

13. The prosecution also examined Sumaiya Devi (PW.3), Urmila Devi (PW.4), Hira Devi (PW.6), Sona Devi (PW.9). However, they did not support the prosecution case and had been declared hostile. According to the aforesaid witnesses, they reached the place of occurrence after having the information of Renu’s death and they found her dead body lying at the house of her maternal grandmother Smt. Phulpatta Devi.

17. In the aforesaid fact-situation, we have to weigh as to whether the High Court is justified in reversing the judgment and order of acquittal recorded by the trial court.

27. In view of the above, we are of the considered opinion that the acquittal in the instant case by the trial court was totally illegal, unwarranted and based on mis-appreciation of evidence for the reason that the court had given undue weightage to unimportant discrepancies and inconsistencies which resulted in miscarriage of justice. Thus, the High Court was fully justified in reversing the order of acquittal.

In view of the above, the appeal lacks merit and is accordingly dismissed.