Criminal Procedure Code, 1973
Section 277—Recording of evidence of witnesses—Evidence of witness has to be taken down in the language of the court as required under 277 of CrPC—If the witness gives evidence in the language of the court, it has to be taken down in that language only—If the witness gives evidence in any other language, it may, if practicable, be taken down in that language, and if it is not practicable to do so, a true translation of the evidence in the language of the court may be prepared—It is only when the witness gives evidence in English and is taken down as such, and a translation thereof in the language of the court is not required by any of the parties, then the court may dispense with such translation—If the witness gives evidence in the language other than the language of the court, a true translation thereof in the language of the court has to be prepared as soon as practicable—All courts directed to comply with provisions of Section 277 of CrPC while recording the evidence of witnesses.
[Paras 24 & 25]
Indian Penal Code, 1860
Section 376—Rape—Proof—It would be folly to treat each breach of promise to marry as a false promise and to prosecute a person for the offence under Section 376 of IPC—Each case would depend upon its proved facts before the court—Prosecutrix being a married woman and mother of three children was matured and intelligent enough to understand the significance and consequences of moral and immoral quality of act she was consented to—Till the time prosecutrix was impregnated by accused and she gave birth to a male child through loin of accused, she did not have any complaint against accused of he having given false promise to marry her or having cheated her—Prosecutrix also visited the native place of accused and came to know that he was a married man having children also, still she continued to live with the accused at another premises without any grievance—Accused in his further statement recorded under Section 313 of CrPC had stated that she had filed the complaint as he refused to fulfill her demand to pay her huge amount—It could not be said by any stretch of imagination that the prosecutrix had given her consent for sexual relationship with appellant under the misconception of fact, so as to hold the appellant guilty of having committed rape within the meaning of Section 375 of the Code—Accused deserves to be acquitted from the charges leveled against him—Direction for payment of compensation given by courts below shall remain unchanged as the appellant had accepted the responsibility of child, and has also paid the amount of compensation to the prosecutrix—Appeal allowed.
[Paras 19 to 22]
Decision : Appeal allowed