DARSHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The accused-petitioners who are facing investigation under Sections 323/376/452/34 of the Indian Penal Code, and now have been challaned before the competent court of law, have made a challenge to the intiation of the proceedings against them, on the ground a it was due to the business rivalry that they have been involved in a false and fictitious case as the prosecutrix was neither raped nor her modesty was out raged or any restraint was put in the course of alleged rape upon her. In this period, the learned counsel for the petitioner, seeks refuge under two affidavits sworn by the prosecutrix and her husband during the course of application for bail decided by the learned Addl. Sessions Judge, Faridabad. Both the prosecutrix and her husband appeared before him and tendered the affidavits to say that no occurrence had taken place but their signatures were obtained on the blank papers. The learned Addl. Sessions Judge, for the purpose of bail placed reliance on these documents and granted bail to the accused- petitioners.

(2.) Mr. Sihota, learned counsel for the petitioners while canvassing the arguments in support of the above contentions feels fortified by Section 33 of the Evidence Act which reads that the evidence given by a witness in a judicial proceeding, or before any person authorised by law to take it, is relevant for the purpose of proving, in a substance judicial proceedings, or in a later stage of the same judicial proceedings, the truth of the facts which it states, when the witness is deed or cannot be found, or is incapable of giving evidence, or is presence cannot be obtained without an amount of delay or expense which under the circumstances of the case, the Court considers unreasonable.

(3.) Section 33 of the Evidence Act does not play any role at moment nor has to play any role before the trial court as well for the fact that both the witnesses are alive and they can be easily examined by trial court. It is for them to see to what version they stand to and the trial court can weigh and deal with their statements during the trial of the case, in accordance with law. At the present, the accused have been challaned before a competent court of law, and they should face the trial. The trial court shall deal with the matter expeditiously, as per the law, having this fact in mind that the prosecutrix and her husband have given sworn affidavits before the Addl. Sessions Judge, for the purpose of grant of bail to the accused. This petition is disposed of accordingly.