It is a case in which rape was committed on the prosecutrix by three accused, namely Avtar Singh, Sohal Lal, and Gian Singh, though one of them was acquitted by the trial court. However, the involvement of the appellants was proved beyond any doubt. Plea taken by them in defence was not found to be tenable. Delay of one day in getting the FIR registered in such type of cases is not fatal. Held on going through the evidence led by the prosecution, the findings returned by the trial court are found to be completely perverse. It is so stated by the prosecutrix in the FIR that about 5 months back, her father had a quarrel with Avtar Singh (also called Tari) and others.
To take the revenge, Avtar Singh, Gian Singh and Sohan Lal had committed rape on her. Gian Singh was acquitted by the trial court noticing the stand of the prosecutrix that there was party faction in the village and both the parties belonged to different sections.
The same reasoning will apply to the appellants as well for the reason that in the FIR, the stand taken by the prosecutrix is same in respect of all the accused, as far as the allegation of party faction is concerned.
In view of the aforesaid discussion, we are of the opinion that there was no evidence brought on record to connect the present appellants with the offence. The appeal is accordingly allowed and the judgments of both the courts below are set aside.
[Avtar Singh v. State of Punjab, (2023) 8 SCC 322]
Case comment: In the case of Gang rape and wrongful confinement, Co-accused gyan singh was acquitted, in whose haveli the rape allegedly took place, as prosecution case not believable on crucial aspects. Taking advantage of the break in chain of events due to gyan signh’s acquittal, the defence took the plea of absence of evidence on record to connect the other two accused with the offence. Poor investigation as the samples of semen were taken from the clothes of the victim but were not matched, one accused claimed alibi. Hence, while affirming acquittal of the acquitted co-accused, appellants, held, also entitled to acquittal.
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