Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sexual Offences Delay in FIR IPC minor prosecutrix’s ss.366A and 506 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – ss.366A and 506 – Case of prosecution that the appellant, a single lady who had a young boy as her tenant, lived in minor prosecutrix’s (PW1) neighbourhood – She tried to entice the prosecutrix to indulge in illicit intercourse with the rich tenant boy and allegedly pushed her into the room occupied by him and bolted it from outside – Door was unlocked after five minutes, with prosecutrix’s father (PW2) standing outside – Boy escaped– Matter was reported only after the appellant allegedly threatened to kill prosecutrix’s brother if anyone was informed – Alternate version given by appellant u/s.313,CrPC was rejected – Convicted u/ss.366A, 506 – Held: Five day delay in registration of FIR gains importance as the father of the victim is an eye-witness to a part of the occurrence – Difficult to appreciate that a father would await a second incident to happen before moving the law into motion – No complaint registered against the tenant boy who was not even traced – Numerous contradictions between testimonies of PW1 & PW2, which are fatal to prosecution’s case – Important links of the story, including what happened in the crucial five minutes when the girl was locked inside the room or how the male tenant reacted, are missing – Appellant’s alternate version that there was no male tenant at all and no one except her child and mother lived with her and that she was falsely implicated as vengeance for filing rape complaint against the person with whom the prosecutrix’s father used to work, could not be lightly brushed aside – Prosecution failed to prove appellant’s guilt u/ss.366A & 506 beyond reasonable doubt – CrPC, 1973 – s.313. Code of Criminal Procedure, 1973 – s.313 – Held: Once a plausible version is put forth in defence at the s.313 examination stage, then it is for prosecution to negate such defense plea. Criminal Law – Sexual Offences – Delay in FIR – Sweeping assumptions by Courts – Effect of – Discussed. Criminal Law – Re-appreciation of evidence by Supreme Court – Discussed. |
Judge | Hon'ble Mr. Justice Surya Kant |
Neutral Citation | 2020 INSC 467 |
Petitioner | Parminder Kaur @ P.p. Kaur @ Soni |
Respondent | State Of Punjab |
SCR | [2020] 6 S.C.R. 508 |
Judgement Date | 2020-07-28 |
Case Number | 283 |
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