KAILASH versus STATE OF M.P.

Citation: [2013] 7 S.C.R. 780 · Decided: 24-07-2013 · Supreme Court of India · Bench: A.K. PATNAIK · Disposal: Dismissed

Judgment (excerpt)

A 
B 
c 
[2013] 7 S.C.R. 780 
KAI LASH 
v. 
STATE OF M.P. 
(Criminal Appeal No. 2260 of 2009) 
JULY 24, 2013 
[A.K. PATNAIK AND FAKKIR MOHAMED 
, IBRAHIM KALIFULLA, JJ.] 
PENAL CODE, 1860: 
s.376(1) - Rape of a girl aged about 15 years - Suicide 
committed by her - Conviction by courts below uls 376(1) with 
sentf3nce of 10 years RI - Held: Keeping in view the evidence 
of the eye-witness, supported by other witnesses, the medical 
0 
report and the forensic laboratory report, the conclusion of 
guilt found proved against appellant by trial court as well as 
High Court cannot be faulted - Code of Criminal Procedure, 
1973 - s.313. 
The daughter of PW-2, aged about 15 years, 
E committed suicide by hanging herself in her house. The 
trial court considering the post-mortem report, forensic 
laboratory report and the evidence of witnesses, 
particularly, the eye-witness, (PW-5), convicted the 
appellant uls 376(1) IPC and sentenced him to RI for 10 
F years. He was, however, acquitted of· the offence 
punishable u/s 306 IPC. The High Court affirmed the 
conviction and the sentence. 
In the instant appeal, it was contended for the 
G appellant that there was abnormal delay on recording the 
statement of PW-5 by the police, who was stated to have 
disclosed about the occurrence to the grand-mother and 
mother of the deceased on the following day of the 
incident. 
H 
780 
KAILASH v. STATE OF M.P. 
781 
Dismissing the appeal, the Court 
A 
HELD: 1.1 It is true that the evidence of PWs-1 and 2 
discloses that PW-5 informed them about the rape 
committed by the appellant on the deceased on the very 
next day after the funeral had taken place. However, there 
8 
·was nothing on record to suggest that the said 
information was passed on to the prosecution agency 
immediately after the receipt of the said information by 
PWs1 and 2. In such circumstances, it can only be stated 
that as soon as it was brought to the notice of the 
C 
prosecution agency as to the commission of the offence 
by the appellant, through PW- 5, further action was taken 
by the police by nabbing the appellant and proceeding 
with the prosecution in accordance with law. With regard 
to the abnormal delay in proceeding against the 
appellant, the trial court has held that the witnesses were 
D 
all of rural background and illiterate persons and, 
· therefore, some allowance will have to be given for their 
laxity in bringing the factum of the rape committed by the 
appellant on the deceased. [para 8) [785-F-H; 786-A-C] 
1.2 The evidence of PW-5, who was aged about 13 
to 14 years at the time of occurrence and was the eye-
witness of the incident, was found to be natural and he 
withstood the lengthy cross-examination, which did not 
bring out any contradiction in his version apart from the 
fact that he had no axe to grind against the appellant. 
Moreover, his evidence was also corroborated by PW-7 
E 
F 
to considerable extent regarding the involvement of the 
appellant in the commission of the crime on the 
deceased. The medical evidence also fully supported the 
G 
crime alleged against the appellant. As per the report of 
forensic laboratory with regard to articles seized and the 
clothes of the deceased, sexual intercourse committed on 
the deceased, was confirmed. Further, when based on 
the evidence of PW 5 and the medical reports, the 
H 
782 
SUPREME COURT REPORTS 
[2013) 7 S.C.R. 
A incriminating circumstances that existed against the 
appellant were put in 313 questioning, he had no 
explanation to offer. Therefore, the ultimate conclusion of 
guilt found proved against the appellant as held by the 
trial court as well as the High Court cannot be faulted. 
B [para 7-8) [785-A-C; 786-C-F) 
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal 
No. 2260 of 2009. 
From the Judgment and Order dated 08.09.2006 of the 
C High Court of Madhya Pradesh at Indore Bench, in Criminal 
Appeal No. 1030 of 2003. 
Ashok Kumar Sharma for the Appellant. 
The Judgment of the Court was delivered by 
D 
FAKKIR MOHAMED IBRAHIM KALIFULLA, J. 1. This 
appeal by the sole accused is directed against the Single 
Bench decision of the High Court of Madhya Pradesh, Indore 
Bench dated 08.09.2006, passed in Criminal Appeal No.1030 
of 2003. The appellant, who was initially charged under Section 
E · 306 and 376(2)(f} IPC, was convicted by the trial Court only for 
the offence under Section 376(1) IPC and was imposed with 
the punishment of 10 years rigorous imprisonment, along w

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