Cannot Say That 15 Yr-Old Victim Did Not Know Repercussions Of Statements Given By Her: P&H High Court Suspends Conviction In Rape Case

The Punjab & Haryana High Court has suspended the conviction against a man convicted for committing rape on a minor, observing that the alleged 15 and a half year old victim turned hostile in the Trial Court. 

During the proceeding the counsel for the convict submitted that the prosecutrix turned hostile in the Court and resiled from her earlier statement supporting the prosecution's case which she stated to have been recorded under duress.

Justice Sanjeev Prakash Sharma and Justice Sanjay Vashisth noted that "...the statements of the prosecutrix recorded in the court, have not been accepted by the trial Court. The victim was more than fifteen and a half years of age at the time of incident, and she cannot be said to be not knowing the repercussions of her statements made in the Court where she deposes of not having been violated."

The Court was hearing a plea for suspension of conviction of a man convicted for committing rape of a 15-and-a-half-year-old girl under Sections 4 (2) POCSO Act, Section 3(1)(w) SC/ST Act and sentenced to rigorous imprisonment of 20 years and 2 years of imprisonment.

Counsel for the appellant contended that the allegations were levelled that the rape was committed by the two persons, and the other accused has been acquitted by the trial Court.

He further pointed out that, as per the custody certificate, the accused has already been in custody for more than four and a half years.

After hearing the submissions, the Court noted that the statements of the prosecutrix recorded in the court, have not been accepted by the trial Court.

The bench opined that the victim was more than fifteen and a half years of age at the time of the incident, and she cannot be said to be not knowing the repercussions of her statements made in the Court where she deposes of not having been violated.

The division bench noted further that "the mother and father or the victim in their statements have not stated anywhere of their daughter being minor, nor the birth certificate procured by the police was shown to them in cross-examination after they turned hostile."

Without delving into the merit, the Court allowed the plea and directed the release of the convict on bail. 

Mr. Harmanpreet Singh, Advocate (amicus curiae), for the applicant/appellant.

Ms. Mamta Singla Talwar, DAG, Haryana.

Title: XXXXX v. State Of Haryana

Citation: 2024 LiveLaw (PH) 267