Case Note & Summary
The case involved a review petition filed by an accused, Ahsa Ram, against a conviction for rape under Section 376 of the Indian Penal Code. The Supreme Court had previously enhanced the punishment from five years to life imprisonment after setting aside the High Court's acquittal. Following the conviction, the prosecutrix, Smt. Seema, submitted an affidavit claiming that her mother had coerced her into lodging a false complaint against her father. She alleged that her mother sought revenge due to a matrimonial dispute and that she was influenced to testify against her father. The affidavit stated that the evidence presented during the trial, including the FIR and her testimony, were fabricated under duress. The court examined the affidavit and found it to be a false attempt to absolve the father of the charges. The court held that the initial statement of the prosecutrix had inspired confidence and was sufficient for conviction. Consequently, the review petition was dismissed, and the Sessions Judge, Shimla, was directed to take the affidavit into record and initiate proceedings as per the IPC. The court emphasized the potential legal consequences of the false affidavit and maintained the conviction of the accused.
Headnote
A) Criminal Law - Review of Conviction - False Affidavit - Indian Penal Code, 1860, Section 376 - The court dismissed the review petition filed by the accused, affirming the conviction based on the prosecutrix's initial statement, while deeming her subsequent affidavit as false and an afterthought aimed at exonerating her father. The court directed the Sessions Judge, Shimla to take cognizance of the affidavit and initiate appropriate proceedings under the IPC (Paras 1-2).
Issue of Consideration
Whether the subsequent affidavit of the prosecutrix could alter the conviction of the accused under Section 376 IPC.
Final Decision
The Supreme Court dismissed the review petition, affirming the conviction of the accused under Section 376 IPC. The court found the subsequent affidavit of the prosecutrix to be false and directed the Sessions Judge, Shimla to take appropriate action regarding the affidavit.
Law Points
- Review of judgment
- false affidavit
- legal consequences
- Indian Penal Code
- conviction based on prosecutrix's statement
