Summary
| Category | Data |
|---|---|
| Court | Supreme Court of India |
| Case Number | Crl.A. No.-004502-004502 – 2025 |
| Diary Number | 35976/2024 |
| Judge Name | HON’BLE MR. JUSTICE K.V. VISWANATHAN |
| Bench |
HON’BLE MR. JUSTICE J.B. PARDIWALA HON’BLE MR. JUSTICE K.V. VISWANATHAN |
| Overrules / Affirms | Affirms High Court and Trial Court convictions and sentences |
| Type of Law | Criminal Law |
| Questions of Law |
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| Ratio Decidendi |
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| Judgments Relied Upon |
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| Logic / Jurisprudence / Authorities Relied Upon by the Court |
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| Facts as Summarised by the Court |
On 14.05.2018, a minor SC girl was allegedly lured by promise of marriage, forcibly taken to a forest and subjected to repeated sexual intercourse by the accused. Her father lodged an FIR under Sections 363, 366, 376, 506 IPC, Section 4 POCSO, and Section 3(2)(v) SC/ST Act. Victim, her father, school teacher and doctor testified; panch witnesses did not. School admission register and caste certificate were seized. Medical examination showed hymenal injury and semen stains; forensic report confirmed human sperm. The accused’s appeal against conviction and life sentence was dismissed. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts |
| Follows | Guidelines from Rabindra Kumar Dey, Gura Singh and Bhagwan Singh on treating hostile witnesses under Section 154 Evidence Act |
What’s New / What Lawyers Should Note
- Emphasizes that Section 154 Evidence Act permits declaring a witness hostile only when there is clear material of hostility or resiling from a prior material statement.
- Affirms that a school admission register, when properly seized, is admissible under Section 35 Evidence Act to prove minor’s age.
- Clarifies that under amended Section 3(2)(v) SC/ST Act and Section 8(c), mere personal knowledge or acquaintance with a victim’s family suffices to presume the accused knew the victim’s caste.
- Reaffirms that medical evidence of hymenal injury and semen stains, with an unbroken chain of custody, robustly supports convictions for rape and POCSO offences.
Summary of Legal Reasoning
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Hostile Witnesses (Section 154 Evidence Act)
- Cites Rabindra Kumar Dey and Dahyabhai Thakker: witness hostility must be material and courts must exercise discretion sparingly.
- Minor or inconsequential omissions do not justify hostile treatment.
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Proof of Age (Section 35 Evidence Act)
- Admission register seized under Ext.P-11 held admissible; date of birth entry (15.09.2004) corroborated by father’s statement.
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Medical Evidence & Chain of Custody
- Dr. PW-10’s examination showed fresh hymenal injury; underwear and slides retained and analysed; forensic report confirmed human sperm.
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Applicability of SC/ST Act
- Post-2016 amendment to Section 3(2)(v) SC/ST Act reduces threshold to “knowledge” of victim’s caste.
- Section 8(c) creates presumption of knowledge if accused is personally acquainted with victim/family.
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Conclusion
Concurrent findings of trial court and High Court on kidnapping, rape, intimidation, POCSO and SC/ST Act offences upheld; appeal dismissed.
Factual Background
A minor girl belonging to a Scheduled Caste disappeared on 10.05.2018 after serving dinner, prompting her father to file an FIR under Section 363 IPC. Investigation revealed she had been lured by promise of marriage, forcibly taken to a forest, raped, and later left at her uncle’s home. Charges under IPC, POCSO and the SC/ST Act ensued; evidence included her testimony, medical examination, school records and caste certificate. The trial court convicted and sentenced the accused; the High Court and Supreme Court affirmed.
Statutory Analysis
- Section 154, Evidence Act (now Section 157 BSA): lays down limited discretion to cross-examine one’s own witness, requiring material hostility.
- Section 35, Evidence Act: instruments maintaining public duty (school register) are admissible to prove date of birth.
- Section 164, CrPC: victim’s recorded statement aids corroboration.
- POCSO Act 2012 Section 4: rape of a minor.
- SC/ST Act 1989 Section 3(2)(v) (amended 2016): offence punishable with life when accused, knowing victim is SC/ST, commits offence punishable ≥10 years.
- SC/ST Act 1989 Section 8(c) (Amendment 2015): presumes knowledge of caste where accused is personally acquainted with victim or family.
Alert Indicators
- ✔ Precedent Followed – affirms established law on hostile witnesses and evidence of age under Sections 154 and 35 Evidence Act.