Case Note & Summary
The case pertains to an appeal against conviction under Section 376(g) IPC. The appellants, Parmeshwar and Vitthal, were convicted by the trial court for gang rape of a 15-year-old girl. The prosecution alleged that on 05.11.1999, the victim was carrying meals to her grandfather when she was intercepted by the appellants and forcibly raped. Initially, the victim reported only outraging of modesty, but later the complaint was converted to rape. The trial court convicted the appellants based on the testimonies of the victim and her mother. On appeal, the High Court re-appreciated the evidence and found material contradictions and omissions in the victim's testimony. The medical evidence showed an old hymen tear and the victim was habituated to sex, with no injuries. The court held that the prosecution story was improbable and full of contradictions, and thus the conviction was not sustainable. The appeal was allowed, and the appellants were acquitted.
Headnote
A) Criminal Law - Gang Rape - Section 376(g) IPC - Conviction based on sole testimony - Material contradictions and omissions in victim's testimony - Medical evidence showing old hymen tear and victim habituated to sex - Held that conviction cannot be sustained when prosecution story is improbable and full of contradictions (Paras 1-10). B) Evidence Act - Appreciation of Evidence - Corroboration - Medical evidence not supporting rape - No injuries on victim - Held that medical evidence is crucial and when it contradicts oral testimony, conviction is unsafe (Paras 5-8). C) Criminal Procedure Code - Appeal against conviction - Reappreciation of evidence - High Court's power to re-evaluate evidence - Held that appellate court can re-appreciate evidence and set aside conviction if findings are perverse (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellants under Section 376(g) IPC is sustainable in light of material contradictions, omissions, and medical evidence not supporting the prosecution case.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellants acquitted of all charges. Bail bonds cancelled.
Law Points
- Gang rape
- Section 376(g) IPC
- conviction based on sole testimony
- material contradictions
- omissions
- medical evidence
- hymen tear
- habitual sex
- false implication
- afterthought complaint
