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Avtar Singh vs. State of Punjab Criminal Appeal No. 1050 of 2013: A Question of Credibility

The Indian courts have once again demonstrated their commitment to uphold justice in the face of complex and challenging circumstances. The case of Avtar Singh and another versus State of Punjab, Criminal Appeal No. 1050 of 2013, decided on August 2, 2023, is an instance of such dedication.

Justice Rajesh Bindal delivered the judgment, which revolved around the severe allegations of abduction and gang-rape leveled against Avtar Singh and Sohan Lal. The appellants challenged the High Court of Punjab & Haryana’s decision, wherein they were convicted under Section 342 and 376(2)(g) of the Penal Code, 1860. The third accused, Gian Singh, was acquitted at the trial court stage.

The case stems from an incident reported in 1996, where a woman, whose identity is withheld, registered an FIR against Avtar Singh, Sohan Lal, and Gian Singh. In her complaint, the woman detailed a horrifying ordeal that allegedly began on July 22, 1996, when she was abducted and forced to inhale a substance that rendered her unconscious.

Upon regaining consciousness, she found herself in a room where Avtar Singh allegedly sexually assaulted her. She stated that she was threatened with a knife and assaulted again the next morning. The complainant claimed that Gian Singh, who was later acquitted, also assaulted her and that she was held captive in his house. Avtar Singh and Sohan Lal were accused of repeatedly raping her turn by turn in the following days.

The FIR was registered on July 25, 1996, after the prosecutrix narrated the events to her mother and uncle, who then accompanied her to the police station.

The Arguments and the Verdict

The prosecution presented 13 witnesses, including the complainant and her mother, while the defense examined four witnesses including the village’s former and present Sarpanch, Avtar Singh’s employer, and a handwriting expert.

Following the trial, Avtar Singh was convicted under Sections 366, 376(2)(g), 342, 506 IPC, while Sohan Lal was convicted under Section 342 and 376(2)(g) IPC. Both were sentenced to 10 years of imprisonment, but Gian Singh was acquitted.

In challenging the High Court’s ruling, the appellants’ counsel, Ms. E.R. Sumathy, argued that the prosecution’s story was not believable due to several discrepancies. The prosecution’s account related to Gian Singh was discredited, which the defense suggested could cast doubt on the entire chain of events. They also questioned why no missing report was filed by the family members of the prosecutrix for over two days.

As it stands, the appeal is a complex tale of crime, punishment, and the pursuit of justice. Despite the severity of the charges, the case underscores the importance of ensuring that all elements of the prosecution’s story are accurate, consistent, and corroborated by evidence.

In all, the case of Avtar Singh and another versus State of Punjab brings into focus the difficult task courts face in reaching the truth amid complex allegations and counter-arguments. No matter how complicated or contentious the issue, the justice system remains committed to upholding the principles of fairness and accuracy.

Shivendra Pratap Singh

Advocate

High Court Lucknow

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