PURAN CHAND versus STATE OF H.P.

Citation: [2014] 5 S.C.R. 530 · Decided: 23-04-2014 · Supreme Court of India · Bench: T.S. THAKUR · Disposal: Dismissed

Judgment (excerpt)

A 
B 
[2014) 5 S.C.R. 530 
PURAN CHAND 
v. 
STATE OF H.P. 
(Criminal Appeal No. 1708 of 2010) 
APRIL 23, 2014 
[T.S. THAKUR AND GYAN SUDHA MISRA, JJ.] 
PENAL CODE, 1860: 
c 
s. 376 - Rape of a minor girl - Conviction by courts below 
- Plea of delay in lodging FIR, false implication due to enmity 
and infirmity in medical evidence - HELD: Delay in lodging 
of FIR stands fully established - Time gap between the 
incident and lodging of FIR is a clinching evidence which 
0 demolishes the defence version and inspires confidence in 
the evidence of victim -
In view of the amended s. 114-A of 
the Evidence Act, offence of rape would be held to have been 
proved even if there is an attempt of rape on the woman and 
not the actual commission of rape -
Prosecutrix has stood 
E the test' of cross examination as she has specifically stated 
that ac'cused forcibly committed Sf?Xual assault/rape on her 
against her wish -
Conviction and sentence imposed on 
appellant is upheld - FIR - Delay - Evidence Act, 1872 -
s.114-A. 
F 
Evidence Act, 1872: 
s. 114-A - Held: No doubt, s. 114-A addresses on the 
consent part of the woman only when offence of rape is proved 
but it also impliedly would be applicable in a matter where 
G victim girl had gone to the extent of committing suicide due 
to the trauma of rape and suffered the risk of death after 
consuming poison. 
H 
The appellant was prosecuted for committing an 
530 
PURAN CHAND v. STATE OF H.P. 
531 
offence punishable uls 376 IPC. The prosecution case 
A 
was that on 2.9.2006, the prosecutrix, a minor, attempted 
to commit suicide. She was admitted in the hospital, and 
on regaining her conscience, she stated that on 
20.8.2006, the appellant had committed rape on her. The 
trial court convicted the appellant and sentenced him to 
B 
7 years RI. The conviction and sentence was upheld by 
the High Court. 
In the instant appeal, it was contended for the 
appellant that he was falsely implicated due to enmity. It C 
was further submitted that there was 20 days delay in 
lodging of the FIR; that the girl attempted suicide because 
of examination fear and that the medical evidence that the 
hymn of the victim was intact belied the prosecution case 
of rape. 
Dismissing the appeal, the Court 
D 
HELD: 1.1. The delay in lodging the FIR has been 
clearly explained by the prosecutio·n relating the 
circumstance and the witnesses supporting the same 
E 
have stood the test of scrutiny of the cross examination 
as a result of which the version of the victim girl cannot 
be doubted. The delay in lodging the FIR thus stands 
fully explained. [para 13] (539-G-H; 540-A] 
1.2. The reliance placed on behalf of the appellant-
F 
accused that the hymen of the vic~im. girl was intact, 
could not be accepted by the High Court and in view of 
the time gap between the sexual assault and the 
examination of the prosecutrix, the medical report of the 
prosecutrix not reflecting sexual act is not of much 
G 
significance, as per the view taken by the courts below. 
The prosecutrix victim has stood the test of cross 
examination as she has specifically stated that the 
accused forcibly committed sexual assault/rape on her 
against her wish on 20.08.2006. It is significant to note 
H; 
532 
SUPREME COURT REPORTS 
[2014] 5 S.C.R. 
A that the Doctor (PW-5) has not categorically denied the 
rupture of hymen of the victim girl and the version is 
supported by other attendant circumstances and 
evidence adduced by the prosecution through the victim 
girl which is supported by her father and brother. [para 
B 12-13) [539-C-F] 
c 
1.3. In fact, in an incident of this nature where a doubt 
. is sought to be created by the defence relying upon the 
lacuna in the medical evidence which could not establish 
the incident in view of non-committal statement of the 
doctor regarding the hymen being intact, the prosecution 
version cannot be brushed aside totally and will have to 
be judged by the other attendant circumstances brought 
on record. The.defence no doubt has taken the plea that 
the girl had attempted suicide due to-the examination· fear 
D and not on account of the rape alleged to have been 
committed on her but the same does not stand the test · 
of scrutiny. This defence version is not worth placing 
reliance for the victim girl immediately on regaining 
consciousness had narrated the story to the Doctor, to 
E her father and to her brother at which stage it was not 
possible to indulge in concoction of t

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