Telangana High Court Acquits Rape Convict After Noting That Minor Girl's Testimony Appeared To Be Tutored

While acquitting a man who was convicted by the trial court for raping a minor girl after taking note of her, the Telangana High Court observed that the evidence of the child witness in the present case appeared to be tutored who could have been easily influenced by the elders in her family. 

Justice K. Surender in his order said, "The evidence of a child witness can easily be influenced by the elders in the family. Acceptance of the child witness evidence would be dangerous in the present circumstances of the case as the evidence appears to be a result of tutoring. Not examining the 9 father and grandfather of the victim, who were sleeping by the side of the victim girl is fatal to the prosecution case". 

The court noted that as per the deposition of the minor girl–who was around 10-years-old at the time of the alleged incident, the accused forcefully let himself into the room covered her mouth and raped her which made her private parts burn and bleed, while her family was sleeping by her side. The bench noted that the medical record did not support this narration and that the family members who were sleeping in the sole room of the house were not examined.

Taking note of the relation of the convict-appellant and the girl's family and their inter-se dispute the court said, "The relation of appellant is not disputed. However, the suggestion put to P.W.1 (girl's mother) and P.W.2 (elder brother) regarding disputes about property was denied. Both the father and grandfather of P.W.4 (minor girl) were not examined. As already discussed, the narration of forcible intercourse and blood being found is not supported by either the examining doctor PW.9 or FSL report. PW.1 states that the appellant went to her house while she was sitting at the temple and asked PW.1 to go inside the house, stating that Police were coming. The version projected by the prosecution that the appellant without being seen by PW.1 entered into the house, forcibly committed rape on the victim girl in the presence of four other family members sleeping side by side and thereafter coming out of the house and asking PW.1 to go into the house appears to be made up and the appellant was falsely implicated".

Background

The mother of the girl had alleged that the accused had forcibly entered her house, when she was sleeping outside the house near a temple, and committed rape on her daughter. Upon entering her house and seeing her daughter in such a condition, the mother immediately woke the other 4 family members sleeping in the room and the minor girl narrated the incident to them. Thereafter, the appellant was called and questioned. The appellant thereafter allegedly confessed to the rape and threatened the mothers and others and went away. 

A complaint was filed and the girl was sent for medical examination. The trial court after considering the evidence of PWs.1 to 4 (mother, elder son, neighbour and minor girl respectively) found that the appellant was guilty of committing rape 

Against this the appellant moved the high court. His counsel contended that the version of the witnesses seemed highly improbable and unbelievable. It was contended that it was not possible that none of her family members, who were sleeping in the same room, side by side, were awoken by the commotion. It was also contended that the medical reports also did not point towards a rape having been committed.

The Public Prosecutor submitted  that there is no reason as to why the girl, aged around 10 years, would speak against the appellant. Further, no mother would involve her ten year old child into such incidents at the risk of social stigma that is attached to such incidents, he added. 

Findings

The court after considering the evidence observed that  prosecution failed to examine the father, grand-father and also another brother of the minor girl, who were sleeping in the very same room, beside her.

The court said that if the version of the mother and the girl is to be believed, the "appellant had closed the mouth of the girl and committed forcible sexual intercourse resulting in burning of her private parts and blood oozing".

It said that according to the scene of offence, the house of the complainant has only one room which is 27 feet length and 17 feet breadth. It noted that the temple is a very small place adjacent to the room of complainant and an open temple with one statue of the God.

It then said, "Anybody sitting in the temple would be at a distance of hardly 20 feet as seen from the sketch from the door of the PW.1/complainant's house. If one person enters into the house of PW.1, it would be visible to the persons sitting at the temple. None of the women with whom PW.1 was chatting in the night were examined by the Police, nor identified during investigation.”

"According to the girl, she shouted when the rape was being committed. In the said room of 27x17 size, when five persons are sleeping it appears to be highly improbable that the appellant had entered into the house without being seen by PW.1 (mother) and committed rape on the girl forcibly resulting in injuries to her private parts and blood oozing from the private parts, without the other persons i.e., father and grand father waking up. Until P.W.1 (mother) entered into the room, all of them were sleeping except P.W.4(girl). After questioning P.W.4(girl), P.W.1(mother) woke up others," the court added. 

It also noted that the doctor that examined the girl did not find any injuries on her body including "breast, back region or the private parts of the victim girl". Though, it noted that the doctor had stated that "blood stains" were found on the frock of the girl, however, the FSL report does not reflect that there were any blood stains on the wearing apparel (frock) which was sent. "No DNA test was conducted to ascertain the blood group of the semen found," the court noted. 

Thus, the appeal was allowed and the accused was acquitted. 

Case title: Begari Ravi Kumar vs.State of TS

Counsel for petitioner: P. Krishna Keertana

Counsel for respondent: PP

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