Chaman Lal vs The State of Himachal Pradesh

506 IPC. Being the first appellate Court, the High Court was justified in re-appreciating the entire evidence on record and the reasoning given by the trial Court. In the facts and circumstances of the case, the High Court has acted within the parameters of the law laid down by this Court. On re-appreciation of the entire evidence on record, more particularly the deposition of doctors examined as PW11 and PW22, the High Court has specifically found that the IQ of the victim was 62 which was based on the history and mental state examination of the victim. Merely because the victim was in a position to do some household works cannot discard the medical evidence that the victim had mild mental retardation and she was not in a position to understand the good and bad aspect of sexual assault. It appears that the accused had taken disadvantage of the mental illness of the victim. It is required to be appreciated coupled with the fact that the accused is found to be the biological father of the baby child delivered by the victim. Despite the above, in his 313 statement the case of the accused was of a total denial. It was never the case of the accused that it was a case of consent. Thus, the accused, as such, came with a false defence. Therefore, considering the evidence on record, more particularly the deposition of PW11 and PW22 and even the deposition of the other prosecution witnesses, the High Court has rightly observed that case would fall under Section 375 IPC and has rightly convicted the accused for the offence under Section 376 IPC. Even as per clause fifthly of Section 375 IPC, “a man is said to commit rape”, if with her consent when, at the time of giving such consent, by reason of unsoundness of mind, is unable to understand the nature and consequences of that to which she gives consent. As observed, even it is not the case on behalf of the accused that it was a case of consent. The accused has taken disadvantage of the mental sickness and low IQ of the victim. [Para 7, 10 and 11][1008-A; 1016-D-H; 1017-A-D]

1.2 From the medical evidence, it emerges that IQ 62 falls in the category of ‘mild mental retardation’. It has also emerged that the mental status and IQ are determined on the basis of the injuries and activities. IQ of a person can be known on the basis of the questions, activities and the history of a patient. Therefore, even if there might be some contradictions with respect to language known by the victim, in that case also, it cannot be said to be the major contradictions to disbelieve the entire medical evidence on the mental status of the victim. Therefore, the High Court is justified in reversing the order of acquittal and convicting the accused for the offences under Sections 376 & 506 IPC. Present is a case of sexual assault on a victim whose IQ was 62 and was mentally retarded and that accused has taken undue advantage of the mental sickness/illness of the victim. A person suffering from mental disorder or mental sickness deserves special care, love and affection. They are not to be exploited. In the present case, the accused has exploited the victim by taking disadvantage of her mental sickness/illness. Therefore, no interference of this Court against the impugned judgment and order passed by the High Court convicting the accused is called for. [Paras 12, 13][1017-E-G; 1018-B-C]

Babu v. State of Kerala (2010) 9 SCC 189 : [2010] 9 SCR 1039; Kuldeep Singh v. Commissioner of Police (1999) 2 SCC 10 : [1998] 3 Suppl. SCR 594; Vijay Mohan Singh v. State of Karnataka (2019) 5 SCC 436 : [2019] 6 SCR 994 – relied on.

Krishna v. State of Karnataka (2014) 15 SCC 596 – referred to.