Conviction and Sentencing

• Offences:
  • Section 366 IPC (Kidnapping)
  • Section 376(2)(f) IPC (Rape on a woman incapable of giving consent due to authority or relationship)
  • Section 376(2)(n) IPC (Repeated rape)
• Sentence:
  • 14 years RI for Section 376(2)(f) & 376(2)(n)
  • 5 years RI for Section 366
  • Fine: ₹2000/- per offence; default leads to 6 months SI

Background Facts

• The prosecutrix, aged 55, mother-in-law of the appellant, was taken under false pretenses by him.
• The appellant, angered by his wife's marital discord with him, used the pretext of visiting their sick granddaughter to lure the victim.
• Along the journey, he forced her into a forest area, assaulted her, and committed rape multiple times.

Key Incidents

• Incident Location: Jungle and bus stop sheds en route to Nagbhid.
• Behavior of Victim: Despite opportunities to escape or inform others, she was unable due to fear and coercion.
• Reporting: Promptly narrated the events to her daughter upon returning and filed a complaint the same day.

Evidence Analysis

• Victim Testimony: Corroborated by independent witnesses (shop owner and forest guard).
• Medical Evidence: Confirmed recent sexual intercourse and injuries consistent with force.
• DNA Evidence: Matches with appellant's DNA on victim’s clothes and swabs.

Appellant’s Defense

• Claimed consensual intercourse, alleging false implication due to marital discord with his wife.
• This defense was rejected due to lack of prior sexual relationship and victim’s age and credibility.

High Court's Observations

• Trustworthy testimony of victim.
• Scientific and medical evidence corroborates prosecution's case.
• No signs of conspiracy or ulterior motive by the victim.

Legal Provisions Discussed:

1. Section 366 IPC: Kidnapping or abducting a woman to compel her to marry or force illicit intercourse.
2. Section 376(2)(f) IPC: Aggravated rape by a person in a position of authority or relationship.
3. Section 376(2)(n) IPC: Repeated acts of rape.

Ratio Decidendi:

The court held that the prosecutrix's consistent testimony, coupled with medical and DNA evidence, was sufficient to establish that the appellant committed rape against her consent. The appellant exploited his trusted familial relationship and caused irreparable harm, warranting strict punishment.

Subjects:

Criminal Appeal, Sexual Assault, Rape, Familial Exploitation

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