TMI Blog1997 (3) TMI 616X X X X Extracts X X X X X X X X Extracts X X X X ..... s the incarnation of Lord Krishna, that they should treat him as their husband and that what he was doing with them was in the nature of 'Prasad' of God and by such acts they were really blessed. The investigation further disclosed that Meera, Hema and one Sulakshana were thus subjected to sexual intercourse by Kripalu Maharaj. Accordingly, the offence which was registered against them earlier under Section 363 and 366 IPC was altered to an offence under Section 376 IPC and all the seven respondent were shown as accused. On being chargesheeted, they were put up for trial before the learned Second Additional Sessions Judge, Nagpur who had framed the following charge : 1. That, you above named accused No.2, prior to 1987 at the house of one Nilu Chaurasia, in front of Vijay Talkies, Nagpur, committed rape on one Kum. Meera D/o Purushottam Deshpande, aged 26 years, r/o Nagpur, against he will and with her consent, posing yourself, you are a devine spirit or Lord Krishna. So also, again in the month of February, 1991, you accused No.2, posing yourself that your are a divine spirit of Lord Krishna, committed rape on said Kum. Meera Deshpande, at the house of one Shrivasta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was of the view that as five acts of rape were committed during the period from September, 1986 to February, 1991 on three different girls, the charge as framed was i n contravention of the provisions of Section 219 of the Code of Criminal Procedure. It also held that the three girls had told lies and developed a false story against the respondents and that no prudent man can dare to accept of believe it. The state has, therefore, filed this appeal. The learned counsel for the appellant contended that the High Court far exceeded the limits of consideration at Section 227 stage and that has led to failure of justice. It committed an error of sifting and weighing the material placed before the Court by applying the standard of test and proof which is to be applied finally for deciding whether the accused is guilty or not. What was required to be considered at that stage was whether the material placed before the Court disclosed a strong suspicion against the accused. On the other hand, relying upon the judgments of this Court in Union of India vs. Prafulla Kumar Samal Anr. (1979) 2 SCR 229 and Niranjan Singh Karam Singh Punjabi vs. Jitendra Bhimraj Bijja Ors. (AIR 1990 SC 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve no relevance. After referring to the case law, the learned Judge has observed as under :- Considering the facts and circumstances as obtained in the instant case, I am reminded of the learned observation of their Lordships while discussing or reflecting on the criminal cases. and thereafter quoted the following passage from the decision of this court in State of Punjab vs. Jagir Singh Baljit Singh and Karam Singh (AIR 1977 Supreme Court 2407) : A Criminal trial is not like a fairy tale wherein one is free to give flight to itself with the question as to whether the accused arrainged at the trial 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... levant but important and material. These three girls levelled allegations against the applicant No.2 Kripaluji Maharaj after the lapse of considerable time i.e. after months and years and, therefore, the probability as depicted by the defence that if was at the instance of Nityanand, cannot be overruled. I needs mention that no report was lodged by either of the girls ay any time. It is also clear from the record that Nityanand's statement which was recorded on 11.5.1991 i.e. on the day on which the F.I.R. was lodged by Purushottam Deshpande. Subsequently only the statements of all the three prosecutrix came to be recorded. Even in the F.I.R. there is no whisper that at any time, the applicant no.2 had committed rape on any of the prosecutrix or on any other disciples. So the evidence does not become reliable merely because it has been corroborated by number of witnesses of the same brand. In this case, there is unreasonable inordinate or extra- ordinary delay in leveling allegations of physical molestation or rape committed, by all the three prosecutrix against a saintly old man of 69 years of age who renounced the world and engrossed in spiritual world. The explanation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h victims do not complain against such illegal acts immediately because of factors like fear or shame or uncertainties about the reactions of their parents or husbands in case of married girls or women and the adverse consequences which, they apprehend, would follow because of disclosure of such acts. What the three girls had stated i n their statements was not inherently improbable or unnatural. They have disclosed the reasons why they could not immediately complain about those illegal acts for such a long time. What the High Court has failed to appreciate is that while making complaint to the police or giving their statements they were not required to give detailed explanations. As stated earlier, what the Court has failed to appreciate is that while making a complaint to the police or giving their statements they were not required to give detailed explanations. As stated earlier, what the Court has to consider at the stage of framing of the charge is whether the version of the person complaining together with his/her explanation is prima facie believeable or not. It was, therefore, not proper for the High Court to seek independent corroboration at that stage and to quash the cha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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