State of Madhya Pradesh Vs. Mohammad Shahid & Another

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Criminal Appeal, 541 of 2000, Judgment Date: Nov 01, 2018

Law Laid Down -

• Evidence as to the cause of death is relevant not only in relation to the cause of death of the person making the statement but also to the circumstances of the transaction which resulted in death. In the suicide note when the prosecutrix has tried to convey that the accused were hungry (for sex) and that she became their food (victim), it clearly indicates that she was violated and that she did not want to live life of disgrace. The entire reading of the dying declaration does not absolve the accused though she said that they be not punished. Such suicide note is to be treated as dying declaration and is admissible under Section 32 of the Evidence Act, 1872.
• The statement made by the victim soon after the incident is relevant in terms of Section 157 of the Act. It will have corroborative value. Thus, the statement of the victim to her brother Nilesh (PW-7), Kashi Singh (PW-1) “at or about the time when the fact took place” are admissible in terms of first part of Section 157 of the Act whereas, statement made to Investigating Officer Manoj Sharma (PW-14), “an authority legally bound to investigate the fact” is relevant in terms of second part of Section 157 of the Evidence Act to corroborate the other evidence on record.
• Even if the victim was found to be habitual to sexual intercourse as there were no injuries on her person; and she was more than 18 years of age, does not allow the accused to violate her and would also not mean that she had  consented for being violated by the accused. The evidence of the witnesses and the statement of the accused under Section 313 of CrPC does not show that accused knew the victim and that she voluntarily submitted to the accused. There is no rule of law that her testimony cannot be acted upon without corroboration in material particulars. Therefore, in view of the statement of her brother and suicide note, the question of consent does not arise.

State of Madhya Pradesh Vs. Mohammad Shahid & Another