AMAR BAHADUR SINGH versus STATE OF U.P.

Citation: [2011] 2 S.C.R. 243 · Decided: 25-01-2011 · Supreme Court of India · Bench: H.S. BEDI, C.K. PRASAD · Disposal: Appeal(s) allowed

Judgment (excerpt)

[2011) 2 S.C.R. 243 
AMAR BAHADUR SINGH 
v. 
STATE OF U.P. 
(Criminal Appeal No. 107 of 2006) 
JANUARY 25, 2011 
[HARJIT SINGH BEDI AND CHANDRAMAULI KR. 
PRASAD, JJ.] 
Penal Code, 1860: s.376- Rape -Allegation of rape on 
A 
8 
· prosecutrix in her house - Prosecutrix was 26 years of age C 
and mother of seven children - Rape allegedly committed in 
the presence of her children and other family members - Trial 
court convicted the accused u/s.376 and sentenced him to 
undergo rigorous imprisonment for seven years - High Court 
reduced the sentence from seven to five years observing that 
D 
the facts indicated that the prosecutrix ·was a consenting party 
- On appeal, held: The possibility of commission of rape in 
the presence of so many members in a small house is not 
convincing - The finding of High Court that the prosecutrix 
was. a consenting party appears to be correct - The story of E 
rape might have been cooked up to salvage family honour 
when the s;;cused and the prosecutrix were caught red-handed 
- This is often the tendency in such matters - High Court went 
completely wrong in dismissing the appeal even after its 
categoric observations - Conviction set aside. 
F 
CRIMINAL APP ELLA TE JURISDICTION : Criminal Appeal 
No. 107 of 2006. 
· 
From the Judgment & Order dated 23.08.2005 of the High 
Court of Judicature at Allahabad Lucknow Bench (Lucknow) in 
G 
Criminal Appeal No. 140 of 1995. 
Praveen Chaturvedi for the Appellant. 
The following order of the Court was delivered 
243 
H 
A 
244 
SUPREME COURT REPORTS 
[2011] 2 S.C.R. 
ORDER 
The respondents have been served but they are not 
represented before us. 
As per the prosecution story on the 2nd April, 1989 at 
B about 11.45 p.m. the prosecutrix, the daughter in law of Santu, 
was sleeping in her in laws' house along with her daughter and 
other family members. Her husband was however away to the 
Punjab in connection with his employment. On an alarm raised 
by the prosecutrix all those at home woke up and saw that the 
C appellant was committing rape on the prosecutrix. The appellant 
was accordingly apprehended on the spot with the help of a 
police party which was passing close by. It was also noticed 
that the prosecutrix was bleeding from her private parts. The 
appellant was accordingly brought to the police station where 
D a report was lodged and a case under Section 376 of the IPC 
was registered. 
The Trial Court relying on the evidence of PW.1 the 
prosecutrix, PW.2 Santu, her father-in-law, and PW.6, her 
E sister-in-law, held that the case against the accused was made 
out and accordingly sentenced him to undergo R.I. for seven 
years. The matter was thereafter taken in appeal to the High 
Court and the High Court while observing that the facts of the 
case indicated that the prosecutrix was a consenting party 
thought that in the circumstance it was a fit case where the 
; F sentence ought to be reduced from seven to five years. The 
appeal was nevertheless dismissed with the reduction in the 
quantum of sentence. This appeal by way of special leave is 
riow before us. 
G 
We have heard the learned counsel for the appellant. He 
has raised only one argument before us. He has pointed out 
that the prosecutrix was 26 years of age as on the date of the 
incident and was the mother of seven children and the very fact 
that the rape had been allegedly committed in her house not 
H only in the presence of her children and other family members, 
AMAR BAHADUR SINGH v. STATE OF U.P. 
245 
the story itself appeared to be unacceptable. It has also been 
A 
highlighted that in the background of the fact th,at t.he High Court 
had observed that t.he pros~cutrix was a consenti'.ng party the 
accused ought to have been acquitted on that basis alone. 
-
. 
We find merit in this plea. We find that under the 
B 
r circumstance the possibility that rape could have been 
committed on her in the presence of so many members in a 
small house is difficult to believe. On the contrary the findings 
of the High Court that the prosecutrix was a consenting party 
appear to be correct and it was perhaps when the accused and 
the prosecutrix had been ,caught red-handed that the story of C 
rape had been cooked· up, to salvage some of the family 
honour. This is often the tendency in' such matters. The High 
Court has therefore gone completely wrong iq dismissing the 
appeal even after its categoric observations. We accordingly 0 
allow the appeal, set aside the con

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