Case Note & Summary
The case involved six appellants convicted under Section 376(2)(g) of the Indian Penal Code for gang rape. The incident occurred on 20.11.1994 when the victim, a married woman with two children, was returning home with her brother after watching a movie. They were allegedly chased by the appellants, leading to the victim being raped by several of them after being separated from her brother. The victim reported the incident the following day, and a medical examination revealed no injuries. The trial court convicted the appellants based on the victim's testimony, which was challenged on grounds of inconsistencies and lack of identification. The defense argued that the victim's testimony was unreliable, citing discrepancies in her identification of the accused and the absence of physical evidence. The prosecution maintained that the victim's account was credible and corroborated by her brother and other witnesses. The Supreme Court upheld the conviction of accused Nos. 1, 2, and 3, emphasizing the common intention to commit the crime, while acquitting accused Nos. 4, 5, and 6 due to insufficient evidence linking them to the crime. The court noted the importance of a Test Identification Parade, which had not been conducted for the acquitted accused, leading to reasonable doubt regarding their involvement. The decision highlighted the balance between the victim's trauma and the need for reliable evidence in sexual assault cases.
Headnote
A) Criminal Law - Gang Rape - Conviction under Section 376(2)(g) - Evidence and Identification - The court found that the evidence of the victim and her brother was credible, establishing the common intention of the accused to commit the offence. The absence of a Test Identification Parade for some accused raised doubts about their identification and conviction. Held that the conviction of accused Nos. 1, 2, and 3 was justified, while accused Nos. 4, 5, and 6 were acquitted due to lack of identification (Paras 21-23).
Issue of Consideration
Whether the conviction of the accused under Section 376(2)(g) of the Indian Penal Code was justified based on the evidence presented.
Final Decision
The Supreme Court dismissed the appeals of accused Nos. 1, 2, and 3, upholding their conviction under Section 376(2)(g) of the Indian Penal Code. The appeals of accused Nos. 4, 5, and 6 were allowed, leading to their acquittal due to insufficient evidence linking them to the crime. Accused Nos. 1, 2, and 3 were directed to surrender, while accused Nos. 4, 5, and 6 were discharged from their bail bonds.
Law Points
- Section 376(2)(g) IPC
- gang rape
- common intention
- identification parade
- FIR discrepancies
- credibility of witness
