Case Note & Summary
The case involved two appeals from accused individuals convicted of gang rape under Section 376(2)(g) IPC. The incident allegedly occurred on the night of 15.08.2001, when the prosecutrix, aged 34, was at her sister's house. The prosecution claimed that the accused forcibly entered the house, threatened the prosecutrix, and committed rape while guarding the door. The appellants were arrested based on the prosecutrix's complaint and subsequent recovery of stolen items. The trial court convicted both accused, sentencing them to 10 years of rigorous imprisonment. The appellants challenged the conviction, arguing inconsistencies in the prosecutrix's testimony, lack of identification, and contradictions in witness statements. The State contended that the prosecutrix's testimony was sufficient for conviction despite minor discrepancies. The Supreme Court analyzed the evidence, highlighting significant contradictions in the prosecutrix's statements and the lack of corroboration from other witnesses, including her niece and nephew, who denied the occurrence of the crime. The court noted that the medical evidence did not support the allegations of rape, and the FSL report indicated no semen on the socks allegedly used by the accused. Ultimately, the court found that the prosecution failed to establish the case beyond reasonable doubt, leading to the acquittal of the accused and the setting aside of the conviction.
Headnote
A) Criminal Law - Gang Rape - Conviction and Corroboration - Section 376(2)(g) IPC - The prosecution failed to establish the guilt of the accused due to inconsistencies in the testimony of the prosecutrix and lack of corroborative evidence from other witnesses. The court found that the prosecutrix's statements were contradictory and did not inspire confidence, leading to the conclusion that the conviction could not be sustained. Held that the appeals were allowed and the conviction set aside (Paras 27-30).
Issue of Consideration
Whether the prosecution established the guilt of the accused for the offence of gang rape under Section 376(2)(g) of the Indian Penal Code.
Final Decision
The Supreme Court allowed the appeals, set aside the conviction and sentence imposed by the trial court, and acquitted the appellants of all charges.
Law Points
- gang rape
- conviction
- corroboration
- evidence
- FIR
- identification
- medical evidence
