Different location of mobile phone of accused does not mean that he was not present at crime scene: Punjab and Haryana High Court

Rejecting the alibi taken by a rape accused that the location of mobile phone being used by him, was not at the spot of the crime at the fateful time, the Punjab and Haryana High Court last month held that this would not mean that the accused was not present there.

Noting that such an argument does not inspire confidence, a bench of Justice Ritu Bahri and Justice Ashok Kumar Varma said,

"Presumption cannot be ruled out that the said mobile number might have been used by some other person at the time of occurrence."

Two separate appeals were moved before the High court by accused Balbir Singh and Surjit Lal challenging the judgments of conviction and orders of sentence for commission of offence punishable under Sections 376(2)(g) of the Indian Penal Code, 1860.

The two were convicted for the rape of a 15-year old girl.

In her statement, the prosecutrix had clearly stated that both the accused caught hold of her from her arms and pulled her inside the room at her neighbour's house and forcibly thrown her on the cot and committed rape upon her one by one.

She had specified that during the scuffle her shirt and salwar were torn. She raised hue and cry which attracted her mother who came to the house and then both the accused fled from the spot. She was then admitted in Civil Hospital, Nurmahal by her mother and uncle.

Additional Sessions Judge, Jalandhar held Balbir Chand guilty under Section 376(2)(g) and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs.30,000/-. In default of payment of fine, he was ordered to further undergo rigorous imprisonment for a period of 1 year. Surjit Lal was awarded the same punishment but he was asked to pay a fine of Rs 20,000/-.

High Court noted that the deposition of prosecutrix was further corroborated by her mother's deposition who categorically deposed when she entered the house, after seeing her both the accused came out from the room.

Referring to Balbir's plea of alibi, court further said,

"In the presence of depositions made by the prosecutrix, her mother, the doctor and the medical legal evidence, it cannot be held that the accused Balbir Chand @ Billa was not present at the time of commission of offence. Further, it is well established principle of law that plea of alibi has to be proved beyond reasonable doubt."

Thus, while upholding the orders of conviction, keeping in view the mitigating circumstances, the High Court was of the considered opinion that sentence of the appellants deserved to be modified.

The accused/appellants were accordingly sentenced to undergo imprisonment for a period of 10 years, while maintaining the amount of fine imposed by the trial court.

Case Title: Balbir Chand @ Billa vs. State of Punjab