LexPARMINDER KAUR @ P.P. KAUR @ SONI versus STATE OF PUNJAB
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A B C D E F G H 508 SUPREME COURT REPORTS [2020] 6 S.C.R. PARMINDER KAUR @ P.P. KAUR @ SONI v. STATE OF PUNJAB (Criminal Appeal No. 283 of 2011) JULY 28, 2020 [N. V. RAMANA, SURYA KANT AND KRISHNA MURARI, JJ.] 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 Prcedure, 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. [2020] 6 S.C.R. 508 508 A B C D E F G H 509 Criminal Law – Sexual Offences – Delay in FIR – Sweeping assumptions by Courts – Effect of – Discussed. Criminal Law – Re-appreciation of evidence by Supreme Court – Discussed. Allowing the appeal, the Court HELD 1.1 The five-day delay in registration of the FIR, in the facts and circumstances of this case, gains importance as the father of the victim is an eye-witness to a part of the occurrence. It is difficult to appreciate that a father would await a second incident to happen before moving the law into motion. Sweeping assumptions concerning delays in registration of FIRs for sexual offences, send a problematic signal to society and create opportunities for abuse by miscreants. Instead, the facts of each individual case and the behaviour of the parties involved ought to be analysed by courts before reaching a conclusion on the reason and effect of delay in registration of FIR. In the present case, neither is Section 366A by itself a sexual offence in the strict sense nor do the inactions of the prosecutrix or her father inspire confidence on genuineness of the prosecution story. PW- 1 and PW-2 differed in their physical description of the boy’s age, clothing and his whereabouts. If the boy was indeed a tenant and if he did live there for months, it is highly mootable that he couldn’t have been traced. Lack of examination of material independent witnesses, adversely affects the case of the prosecution. [Paras 11, 13, 15][515-A-C; 516-A; 516-D] 1.2 Ordinarily, the Supreme Court ought not to re-appreciate evidence. However, where the courts below have dealt with the material-on-record in a cavalier or mechanical manner likely to cause gross injustice, then this Court in such exceptional circumstances may justifiably re-appraise the evidence to advance the cause of justice. Such re-assessment ought not to take place routinely and ought not to become substitution of an otherwise plausible view taken by the Courts below. There are numerous clear contradictions between the testimonies of the two star- witnesses, which is fatal to the prosecution 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 PARMINDER KAUR @ P.P. KAUR @ SONI v. STATE OF PUNJAB A B C D E F G H 510 SUPREME COURT REPORTS [2020] 6 S.C.R. reacted, are missing. Similarly, other links of
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