Case Note & Summary
The appellant, Satish s/o Ramesh Nandre, was convicted by the Special Judge, Dhule, for offences under Section 376(2)(f) of the Indian Penal Code and Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and sentenced to rigorous imprisonment for fifteen years and three months respectively. The victim was a six-year-old girl. The prosecution alleged that on 12.09.2012 at 8:00 p.m., the appellant took the victim to a river bank and raped her. The victim's mother lodged an FIR on 13.09.2012. The trial court convicted the appellant based on the victim's testimony and other evidence. On appeal, the Bombay High Court examined the evidence and found inconsistencies in the victim's statement, lack of corroboration by medical evidence, and unexplained delay in lodging the FIR. The court held that the prosecution failed to prove the guilt beyond reasonable doubt. The court also noted that the victim's mother did not support the prosecution case and turned hostile. The medical evidence did not confirm rape. The court acquitted the appellant, giving him the benefit of doubt.
Headnote
A) Criminal Law - Rape of Minor - Appreciation of Evidence - Section 376(2)(f) IPC - The court examined the testimony of the victim, medical evidence, and other circumstances. Held that the victim's testimony was inconsistent and not corroborated by medical evidence or other witnesses, leading to reasonable doubt (Paras 10-15). B) Criminal Law - Atrocities Act - Section 3(1)(xii) - The court found that the prosecution failed to prove that the accused knew the victim was a member of a Scheduled Caste or Scheduled Tribe. Held that the conviction under the Atrocities Act was not sustainable (Paras 16-18). C) Criminal Procedure - Delay in FIR - The court noted that the FIR was lodged the next day, but the delay was not satisfactorily explained. Held that unexplained delay can cast doubt on the prosecution case (Para 8).
Issue of Consideration
Whether the conviction of the appellant under Section 376(2)(f) of IPC and Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. Fine, if paid, to be refunded.
Law Points
- Appreciation of evidence in rape cases
- Corroboration of victim testimony
- Delay in lodging FIR
- Medical evidence
- Section 376 IPC
- Section 3 SC/ST Act
