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TMI Blog2013 (4) TMI 948X X X X Extracts X X X X X X X X Extracts X X X X ..... t village Thatha. She was beaten by the Respondents and was forced to keep mum and sign certain papers. Baba Jagir Singh (now dead) raped the Appellant. Thereafter, she was raped by Respondent Nos. 3 and 4 herein, also. The Appellant was mal-treated to the extent that one lady at Dera, namely Sawinder Kaur put chilly powder in her private parts and she was detained in the room. B. On 8.2,1995, Appellant's husband came with several persons and rescued her from the Dera. She was taken to the Civil Hospital, Tarn Taran in unconscious state and the police was informed. C. The Appellant regained consciousness only on 9.2.1995. Her statement was recorded by the Sub-Inspector, Kabala Singh (PW-13) on the same day. The Appellant was then pressurised by the Respondents to compromise and they tried to hush up the matter and even produced a signed agreement of compromise. In view thereof, the police refused to register the FIR on 9.2.1995, It was only at the instance of the Appellant that an FIR could be lodged on 10.2.1995 at Tarn Taran Police Station. D. After investigation, the chargesheet was submitted against the Respondents-Accused for the offences punishable under sections ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... region of right parietal bone. Underlying bone was found intact. Injury was kept under observation. 3. An abrasion 5x5 inch on the outer side of left elbow joint. 4. Complaint of pain in the abdomen, injury was kept under observation. 5. Complaint of difficulty in swallowing and speech allegedly due to attempt to strangulate. For opinion of ENT specialist. 6. As alleged by the complainant that she had been raped, so opinion of the Gynecologist was sought. Dr. Karnail Kaur (PW-9), who had also examined the Appellant observed: (i) Dirty blood stained discharge was coming out of vagina. (ii) The introitus was tender and at 6'o clock position there was present a small laceration. (iii) The examining fingers were stained with blood stained discharge. (iv) In my opinion I cannot rule out the possibility of sexual intercourse. 7. The Trial Court further referred to the statement of the Doctor (PW-9) as under: Dr. Karnail Kaur (PW-9) who medically examined Prem Kaur on 9.2.95, found abrasion 5x5 cm on the outer side of the left iliac rest...the vagina of the prosecutrix admitted two fingers. Dirty blood stained discharge was coming out of the vagina. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Collector of Central Excise, Cochin AIR 1994 SC 1341, this Court held that an order suffers from perversity, if relevant piece of evidence has not been considered or if certain inadmissible material has been taken into consideration or where it can be said that the findings of the authorities are based on no evidence at all or if they are so perverse that no reasonable person would have arrived at those findings. 13. In Kuldeep Singh v. Commissioner of Police and Ors. AIR 1999 SC 677, this Court while re-iterating the same view added that, if there is some evidence on record which is acceptable and which could be relied upon, howsoever, compendious it may be, the conclusions would not be treated as perverse and the findings would not be interfered with. 14. In Gaya Din and Ors. v. Hanuman Prasad and Ors. AIR 2001 SC 386, this Court further added that an order is perverse, if it suffers from the vice of procedural irregularity. 15. In Rajinder Kumar Kindra v. Delhi Administration AIR 1984 SC 1805, the Court while dealing with a case of disciplinary-proceedings against an employee considered the issue and held as under-- It is equally well-settled that where a quasi-jud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l is guilty of the crime with which he is charged. Crime is an event in real life and is the product of interplay of different human emotions. In arriving at the conclusion about the guilt of the accused charged with the commission of a crime, the court has to judge the evidence by the yardstick of probabilities, its intrinsic worth and the animus of witnesses. Every case in the final analysis would have to depend upon its own facts. Although the benefit of every reasonable doubt should be given to the accused the courts should not at the same time reject evidence which is ex facie Trustworthy on grounds which are fanciful or in the nature of conjectures. 20. In Mukhtiar Singh and Anr. v. State of Punjab AIR 1995 SC 686. this Court emphasised on the compliance of the statutory requirement of Section 354 Code of Criminal Procedure, observing as under: ...same is far from satisfactory. Both, the order of acquittal as well as the order of conviction, have been made by the trial Court in a most perfunctory manner without even noticing much less, considering and discussing the evidence led by the prosecution or the arguments raised at the bar... It was in paragraphs 28 to 32, n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court, and we find it no less, at the level of the High Court. The view taken by the Trial Court, that the father and son cannot rape a victim together, may in itself cannot be a ground of absolute improbability, however, it may fall within the realm of rarest of rare cases. Whether the allegation is correct or not, has to be examined on the basis of the evidence on record and such an issue cannot be decided merely by observing that it is improbable. 23. We cannot approve the manner in which the courts below dealt with the case. The appeal succeeds and is allowed. Thus, the judgments of the courts below are set aside and the case is remanded to the Trial Court to decide afresh on the basis of the evidence/material on record. 24. In light of the facts and circumstances of the case, the Trial Court will hear the arguments advanced from both sides, and deal with each and every piece of evidence, taking into consideration the defence taken by the accused persons, in their respective statements under Section 313 Code of Criminal Procedure and record findings, in accordance with law. The case shall be decided by the Trial Court within a period of 3 months from the certified copy o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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