DHARMA versus NIRMAL SINGH @ BITTU AND ANR.

Citation: [1996] 2 S.C.R. 115 · Decided: 05-02-1996 · Supreme Court of India · Bench: G.N. RAY · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

DHARMA 
A 
v. 
NIRMAL SINGH @ BITTU AND ANR. 
FEBRUARY 5, 1996 
[B.L. HANSARIA AND G.N. RAY, JJ.] 
B 
Constitution of India, 1950: Articles 136 and 142. 
Acquittal-Appeal against-Power of Supreme Court-Not cir-
cumscribed by any limitation imposed by section 401(3) of the Code of C 
Criminal procedure, 1973. 
Criminal Law : 
Indian Penal Code, 1860: Sections 376, 302 and 511. 
Rape and murde1~Acquittal-Appeal against-Sole eye-witness-Tes-
timony of-Corroborated by medical evidence-Conduct of eye-witness first 
infomting father of deceased instead of villagers-Not unnatural-Weapon of 
offenc~Recovery of-At the instance of accused-Connected him with 
crime-Fact of his abscondence also proved-Held : accused guilty of of-
D 
fenc~Acquittal set aside. 
E 
Sentenc~Accused guilty of committing offence of rape and mur-
de~Accused aged only 19 years-Occwrence taking place about 8 years 
ago-Not "rarest of rare cases"-Imp1isonment of life would be a proper 
sentence. 
The respondent-accused had murdered the deceased after she had 
resisted rape. However, the trial court, despite there being clinching and 
conclusive evidence to find the accused guilty, acquitted him. It was left to 
F 
the complaintant to knock the door of the High Court by invoking its 
revisional jurisdiction. The High Court dismissed the revision petition. G 
Aggrieved by the High Court's judgment the complainant preferred the 
present appeal. 
According to the prosecution, P.W. 5 had seen the respondent -
accused assaulting the deceased with the blunt side of the Datar on her 
head. He immediately reported the matter to the father of the deceased. H 
115 
116 
SUPREME COURT REPORTS 
[1996) 2 S.C.R. 
A The respondent had made extra-judicial confession before P.W. 4. A Datar 
was recovered by P.W. 7. pursuant to the information given by the accused 
which was found concealed in the cattle shed under the heap of fuel wood. 
The Datar had blood-stains on it. The fact of abscondence was also pressed 
into service by the prosecution. Then the accused had an injury on the 
B outer angle of the right eye which also showed his involvement inasmuch 
as when he made the extra judicial confession, he had stated to P.W. 4, 
that when he was trying to commit rape on the deceased, she had given a 
fist blow on the right eye. The autopsy was done by P.W. 2. and the injuries 
on the deceased were found lacerated. 
C 
On the basis of the evidence adduced on behalf of the prosecution, 
the Trial Court came to the conclusion that the charges levelled against 
the accused were not established. This finding was upheld by the High 
Court . 
.D 
In the appeal before this Court, on behalf of the respondent it was 
contended that as the complainant had approached the High Court in 
revision and ·as under the revisional power available to the High Court 
under Section 401(3) of the Code of Criminal Procedure, 1973, the High 
Court could not have altered the finding of acquittal into one of conviction 
that the blunt side of Datar would not have been used as the accused must 
E 
have attempted to cause death, in which case, he would have used the sharp 
side; that P.W. 5. had deposed about the use of blunt side of the weapon 
having known that the injuries were lacerated in nature; that the conduct 
of P.W. 5. in reporting the matter first to the father of the deceased rather 
than to the villagers was unnatural; that as the room of the house of 
F 
accused was lying unlocked, police itself could have recovered the Datar if 
G 
· thorough search would have been made; that the fact of the abscondence 
of the accused was not established; and that this was not the "rarest of the 
rare" case and the accused might not be visited with capital punishment. 
Allowing the appeal, this Court 
HELD : 1.1. Sex violence is on inc~ease, and in a big way. It has to 
be remembered that a rapist not only violates the victim's personal in-
tegrity but degrades the very soul of the helpless female. [118-F] 
H 
State of Punjab v. Gwmit Singh, J.T. (1996) 1 SC 298, referred to. 
DHARMAv. NIRMALSINGH [HANSARIA,J.] 
117 
1.2. The approach to this court being under Article 136 of the A 
Constitution, there is no limitation imposed by Section 401(3) of the Code 
of Criminal Procedure, 1973 qua the power available to this Court under 
the aforesaid provision. Power available to this Court under Article 136 is 
not circumscribed by any limitation. In any case, power under Article 142 
is available to pass such 

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