Case Note & Summary
The appellant, Sachin s/o Vaijinath Tandale, was convicted by the Additional Sessions Judge, Beed, for offences under Sections 452 and 376 of the Indian Penal Code. The prosecution case was that on 05.12.2016, the accused entered the house of the prosecutrix while she was alone, dragged her inside, and committed rape. The husband of the prosecutrix allegedly witnessed the incident and assaulted the accused, who fled. The incident was reported the next day. The accused denied the charges and claimed false implication due to a loan dispute. The trial court convicted him. On appeal, the High Court examined the evidence, particularly the testimony of the prosecutrix and the medical evidence. The court found that the prosecutrix's version was inconsistent and contradicted by other prosecution witnesses. The medical report did not show any signs of rape. The court also noted that the accused had a fracture on his right hand, which supported his defence of being assaulted by the husband. The court concluded that the prosecution failed to prove the case beyond reasonable doubt and allowed the appeal, setting aside the conviction and acquitting the accused.
Headnote
A) Criminal Law - Rape - Appreciation of Evidence - Sections 376, 452 Indian Penal Code, 1860 - The court examined the reliability of the prosecutrix's testimony and found material inconsistencies and contradictions. The medical evidence did not corroborate the allegation of rape. The court held that the prosecution failed to prove the case beyond reasonable doubt and set aside the conviction. (Paras 7-15) B) Criminal Law - House Trespass - Section 452 Indian Penal Code, 1860 - The court held that the charge of house trespass was not established as the prosecutrix's testimony regarding the accused entering her house was inconsistent and uncorroborated. (Paras 7-15)
Issue of Consideration
Whether the conviction of the appellant under Sections 452 and 376 of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted of all charges.
Law Points
- Appreciation of evidence in rape cases
- Corroboration of prosecutrix testimony
- Medical evidence in sexual offences
- Standard of proof in criminal appeals
