In, Chaman Lal Chimnu vs State of Haryana, a Division Bench of Punjab & Haryana HC has held that, Rape offenders are a menace to the civilised society and have to be dealt with strictly as per law. It is an act, which is not only a blow to her supreme honour and offends her self-esteem and dignity, and Such crime is not only a crime against a minor innocent child, rather it is a crime against the entire society.
Facts
In the instant case was registered on the basis of the statement made by, father of the victim. The ‘victim’ is the eldest daughter, who was aged about 12 years. when the complainant and his wife had gone to Kurukshetra for taking the medicines, her uncle Chaman Lal @ Chimnu (appellant) had entered their house. The appellant turned out her younger brothers and sisters and the ‘victim’ was forcibly taken inside the room, after catching her from her arms.. After committing the crime, he went away and threatened that he would kill the victim, in case she reported the matter to anybody. Thereafter, Father prayed for legal action against the appellant/accused. After registration of the FIR, the medico legal examination was conducted . Thereafter, her statement was recorded and the accused was arrested. Thereafter, the police found sufficient incriminating evidence against the appellant/accused and presented the final report under Section 173 of the Code of Criminal Procedure.
Aggrieved , The present appeal is directed against the judgment of conviction and order of sentence passed by the Sessions Judge, whereby the appellant has been convicted for the offences under Sections 376, 452 and 506 IPC.
Contention Made
Appellant: That due to dispute of the ancestral land, a false case has been planted on him. That there are contradictions in the statements of ‘victim’ and Ashok Kumar (complainant). That even the clothes, worn by the ‘victim’, were not sent to the Forensic Science Laboratory, and this is a good ground to discredit the testimony of the ‘victim’.
Respondent: That the testimony of the ‘victim’ has to be treated like an injured witness and all the material prosecution witnesses had withstood the test of cross-examination.
Court Observation
The Division Bench of Punjab & Haryana HC, while addressing the contentions of the Appellant observed that, where the appellant, who is the real uncle of the victim, raped his niece, a girl child of the tender age of 12 years. The result was that the sacred relationship of uncle and niece was besmirched. Such offenders are a menace to the civilized society and have to be dealt with strictly as per law.
Further Bench Observed, in Bodhisattwa Gautam Vs. Miss Subhra Chakraborthy, 1996 (3) RCR (Crl.) 786, the Hon’ble Supreme Court has held Rape is thus not only a crime against the person of a woman (victim), it is a crime against the entire society.
Court Judgment
The Punjab & Haryana HC while dismissing the present appeal has held that, there is no substance in the arguments raised by the learned counsel for the appellant and thus, the present appeal is dismissed, being devoid of any merit. The impugned judgment of conviction and order of sentence dated passed by the court of learned Additional Sessions Judge, are upheld.
Case: Chaman Lal Chimnu vs State of Haryana
Citation: CRA-D-700-DB-2010
Bench: Hon’ble Mr Justice Sureshwar Thakur & Mr Justice N.S. Shekhawat
Decided on: 31st August, 2022.
Read Judgment
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