LexSTATE OF PUNJAB versus RAMDEV SINGH
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ST A TE OF PUNJAB A v. RAMDEV SINGH DECEMBER 17, 2003 [DORAISWAMY RAJU AND ARIJIT PA~:\Y:\T, JJ.] B Penal Code, 1860-Section 376-Rape committed on minor-Delay of 17-18 days in lodging FIR-Medical evidence confirmed that victim. habitual to sexual intercow·se-Trial Court convicted accused-High Court set aside conviction due to delay in lodging FIR and on basis of C medical evidence-Held, delay in lodging FIR cannot be used as a ritualistic formula to doubt and discard proseczition case-Explanation of delay by prosecution remained unshaken in spite of cross-examination. by defence-No rule of law that testimony of rape victim cannot be acted without corroboration in material particulars-Signs of previous sexual D intercourse no ground for acquittal-Unmerited acquittal does no good to society-Conviction and sentence imposed by trial court restored. Section 228-A-Disclosure of identity of victim-Social object of provision-Restriction on disclousure of identity does not relate to printing or publication of judgment by High Court or SupremP Court-However, E appropriately in judgments of any court name of victim should not be indicated-Sections 376, 376-A, 376B, 376C and 376-D. The respondent-accused had allegedly committed rape on a minor girl. The mother of the victim lodged the information with the police F after 17-18 days of the occurrence. The delay in lodging the informa- tion was caused, as the father of victim was seriously ill. The medical examination of the victim revealed that she was habituated to regular sexual intercourse. The accused denied the charges of rape stating that a false accusation had been set up as the mother of the victim owed some money to him, which she refused to refund. The trial court G convicted the accused. The High Court on appeal set aside the conviction mainly due to delay in lodging FIR, non-examination of a friend of the victim to whom the incident was conveyed, confirmation by medical evidence that the victim was habituated to sexual inter- course and that there was no evidence to show that she was employed H 995 996 SUPREME COURT REPORTS [2003] SUPP. 6 S.C.R. A in the house of the accused. Hence this appeal against acquittal. The appellant contended that delay in lodging FIR was properly explained; that hypothetical medical evidence was given primacy to cast doubt over the victim's version; and that the defence itself had B suggested that the victim was employed in the house of the accused. c The respondent-accused contended that testimony of the victim was completely unreliable as it was at great variance with the medical evidence; and that a judgment of acquittal should not be interfered with after a long lapse of time. Allowing the appeal, the Court HELD : 1. Sexual violence apart from being a dehumanizing act is an unlawful i.ntrusion on the right of privacy and sanctity ofa female. It is a serious blow to her supreme honour and offends her self-esteem D and dignity-it degrades and humiliates the victim and where the victim is helpless innocent child or a minor, it leaves behind a traumatic experience. A rapist not only causes physical injuries but more indelibly leaves a scar on the most cherished possession of a woman i.e. her dignity, honour, reputation and not the least her chastity. Rape E is not only a crime against the person of a woman, it is a crime against the entire society. It destroys, the entire psychology of a woman and pushes her into deep emotional crisis. It is a crime against basic human rights, and is also violative of the victim's most cherished of the Fundamental Rights, namely, the Right to Life contained in Article 21 F of the Constitution oflndia. The Courts are expected to deal wi_th cases of sexual crime against women with utmost sensitivity. Such cases need to be dealt with sternly and severely. A socially sensitized judge is a better statutory armour in cases of crime against women than long clauses of penal provisions, containing complex exceptions and provisos. G (999-G, H; 1000-A-C] Shri Bodhi Sattwa Gautam v. Miss Subhra Chakraborty, A.I.R. (1996) SC 922, relied on. 2.1. Delay in lodging the FIR cannot be used as a ritualistic H formula for doubting the prosecution case and discarding the same .. ST A TE OF PUNJAB v. RAMDEV SINGH 997 solely on the ground of delay in lodging the first information report. A Delay has the effect of putting the Court in its guard to search if
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