Featured image for Supreme Court Judgment dated 30-10-2018 in case of petitioner name State (Govt. of NCT of Delhi) vs Pankaj Chaudhary & Ors.
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State vs. Pankaj Chaudhary: Supreme Court Restores Conviction in Gang Rape Case

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The case of State (Govt. of NCT of Delhi) vs. Pankaj Chaudhary & Ors. is a significant ruling by the Supreme Court of India that reinstated the conviction of four accused under Section 376(2)(g) IPC. The Court, in its judgment dated 30th October 2018, overturned the High Court’s acquittal and reaffirmed the sentence imposed by the trial court, reinforcing the principles of justice for victims of sexual assault.

Background of the Case

The case originated from an incident that occurred on 28th July 1997 at Shaheed Bhagat Singh Jhuggi Camp, Katwaria Sarai, Delhi. The prosecutrix (PW-1) alleged that the accused forcibly entered her jhuggi at around 9:00 PM under the pretense of asking for a bidi and water. When she refused, they switched off the electricity, overpowered her, tore her clothes, and took turns raping her. The accused were identified as:

  • Pankaj Chaudhary
  • Gunjesh Chaudhary
  • Qasim
  • Jai Lal Yadav

The prosecutrix’s mother, Bashira Khatoon (PW-3), arrived at the scene and found her unconscious. The Police Control Room (PCR) van transported her to AIIMS hospital, where she was medically examined by Dr. Monika. The medical report recorded bruises on her thighs and a torn blouse.

Legal Proceedings

Trial Court

On the basis of the prosecutrix’s statement and medical evidence, the trial court:

  • Convicted all four accused under Section 376(2)(g) IPC (gang rape).
  • Sentenced them to ten years of rigorous imprisonment.

High Court

The accused appealed to the Delhi High Court, which:

  • Acquitted them based on contradictions in police records.
  • Accepted their defense that the prosecutrix was in police custody between 8:50 PM to 10:00 PM due to a separate altercation.
  • Directed prosecution against investigating officers under Sections 193 and 195 IPC for allegedly fabricating evidence.

Arguments Before the Supreme Court

Arguments by the Appellant (State of NCT Delhi)

The state challenged the High Court’s decision, arguing that:

  • The High Court wrongly relied on contradictions in procedural aspects rather than substantive evidence.
  • The prosecutrix’s testimony was consistent and corroborated by medical evidence.
  • The High Court erred in exonerating the accused based on timing discrepancies in the registration of two FIRs.

Arguments by the Respondents (Accused)

The accused contended that:

  • The prosecutrix had fabricated the case as retaliation against complaints filed against her.
  • She was in police custody during the alleged time of the crime.
  • There was no conclusive forensic evidence linking them to the crime.

Supreme Court Judgment

The Supreme Court rejected the High Court’s findings and reinstated the conviction, holding that:

  • The prosecutrix’s statement was consistent and trustworthy.
  • The medical report corroborated her allegations.
  • Forensic evidence (FSL report) confirmed the presence of semen on her petticoat matching accused Jai Lal Yadav’s blood group.

Key Observations by the Supreme Court

The Court emphasized:

“A victim’s testimony, if credible and corroborated by medical evidence, is sufficient for conviction in rape cases.”

Further, the Court criticized the High Court for:

  • Disregarding the prosecutrix’s testimony.
  • Relying on procedural inconsistencies instead of material evidence.
  • Wrongfully directing prosecution against police officers.

Final Judgment

The Supreme Court:

  • Set aside the High Court’s acquittal.
  • Reaffirmed the ten-year sentence imposed by the trial court.
  • Directed the accused to surrender within four weeks to serve the remaining sentence.
  • Quashed the High Court’s order for prosecution of police officials.

Legal Precedents and Significance

This judgment reinforces:

  • Victim testimony as primary evidence in sexual assault cases.
  • Judicial responsibility in handling rape cases sensitively.
  • Appellate court’s duty to avoid reversing convictions based on procedural discrepancies.

Conclusion

The Supreme Court’s ruling in State vs. Pankaj Chaudhary serves as a strong precedent in rape trials and appellate review. The judgment ensures that victims of sexual violence receive justice and that procedural technicalities do not undermine substantive evidence.


Petitioner Name: State (Govt. of NCT of Delhi).
Respondent Name: Pankaj Chaudhary & Ors..
Judgment By: Justice R. Banumathi, Justice Indira Banerjee.
Place Of Incident: Shaheed Bhagat Singh Jhuggi Camp, Katwaria Sarai, Delhi.
Judgment Date: 30-10-2018.

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