Case Note & Summary
The case pertains to a criminal revision application filed by Datta Digambar Ingle, who was convicted under Section 377 of the Indian Penal Code for committing an unnatural act on a three-year-old girl. The incident occurred on 21/11/2008 at around 3:00-3:30 PM when the victim was playing near her house. The applicant, a neighbour, took the victim to his house. After about 15 minutes, the victim's grandmother (PW-1) heard crying and sent her daughter to bring the victim back. The grandmother noticed blood on the victim's legs and, upon inquiry, the victim named the applicant and pointed to her buttock. Examination revealed blood oozing from the anus and vagina. The grandmother inspected the applicant's house and found blood stains. The victim also stated that the applicant had put a cotton ball in her mouth, causing vomiting. The FIR was registered, and the victim was medically examined by Dr. Vaishali Bodhankar (PW-10), who found an anal sphincter tear at 6 o'clock position, 6 mm x 2 mm, with irregular edges and blood oozing. The trial court convicted the applicant and sentenced him to 3 years rigorous imprisonment and a fine of Rs.15,000, with part of the fine to be paid as compensation to the victim. The appeal was dismissed. In revision, the applicant argued that the findings were perverse and the evidence insufficient. The High Court heard the parties and examined the evidence. The court noted that the prosecution examined 11 witnesses, including the grandmother and the doctor. The court found that the testimony of the grandmother was credible and corroborated by the medical evidence. The court held that there was no perversity in the concurrent findings of the courts below and that the evidence was sufficient to support the conviction. The revision application was dismissed.
Headnote
A) Criminal Law - Unnatural Offence - Section 377 IPC - Conviction of Accused for Unnatural Offence on Three-Year-Old Victim - The prosecution proved the case through the testimony of the grandmother (PW-1) and medical evidence showing anal sphincter tear. The courts below concurrently found the accused guilty. The High Court in revision held that there was no perversity in the findings and the evidence was sufficient to support the charge. (Paras 1-5) B) Evidence Law - Testimony of Child Victim's Grandmother - Corroboration by Medical Evidence - The grandmother's testimony regarding the incident, the victim's disclosure, and the blood stains was corroborated by the medical examination which revealed injuries consistent with the alleged act. The court held that minor inconsistencies do not discredit the prosecution case. (Paras 4-5)
Issue of Consideration
Whether the conviction of the applicant under Section 377 of the Indian Penal Code is sustainable based on the evidence on record, and whether the findings of the courts below are perverse.
Final Decision
The High Court dismissed the criminal revision application, upholding the conviction and sentence of the applicant under Section 377 IPC.
Law Points
- Section 377 IPC
- Unnatural Offence
- Minor Victim
- Medical Evidence
- Testimony of Grandmother
- Perverse Findings
- Revisional Jurisdiction
