Case Note & Summary
The State of Maharashtra appealed against the judgment and order dated 25.08.2000 passed by the Additional Sessions Judge, Nashik, acquitting the respondent-accused of the offence punishable under Section 376 of the Indian Penal Code, 1860. The prosecution case was that on 07.03.1997, the victim, a five-year-old girl, was sexually assaulted by the accused, who was residing on the upper floor of her grandfather's house. The victim's mother noticed blood stains on her pant and thighs, and the victim disclosed that the accused had taken her to a room, removed her pant, and inserted his penis into her vagina. The mother took the victim to Dr. Bedmutha, who referred her to a civil hospital. The FIR was lodged the next day. The trial court acquitted the accused, finding the evidence insufficient. The High Court, in appeal, examined the scope of interference in acquittal appeals. It found that the child witness's testimony was inconsistent and not corroborated by medical evidence, which showed no signs of penetration. The delay in lodging the FIR was not satisfactorily explained. The court also noted that material witnesses were not examined. Consequently, the High Court held that the trial court's findings were not perverse and dismissed the appeal, upholding the acquittal.
Headnote
A) Criminal Law - Acquittal Appeal - Standard of Review - Section 376 IPC - The High Court examined the scope of interference in an appeal against acquittal, holding that unless the findings are perverse or based on no evidence, the appellate court should not disturb the acquittal. The court found that the trial court's appreciation of evidence was plausible and not perverse. (Paras 1-25) B) Evidence Law - Child Witness - Corroboration - Section 118 Indian Evidence Act, 1872 - The court held that while the testimony of a child witness can be relied upon without corroboration if found to be truthful, in this case, the child's testimony suffered from inconsistencies and contradictions, and the prosecution failed to examine material witnesses, making it unsafe to convict. (Paras 10-20) C) Criminal Law - Delay in FIR - Effect - Section 376 IPC - The court noted that the FIR was lodged after a delay of about 24 hours without satisfactory explanation, which cast doubt on the prosecution case. (Paras 8-12) D) Medical Evidence - Absence of Injury - Section 376 IPC - The medical evidence did not support the allegation of rape as there were no injuries on the victim's private parts, and the doctor opined that penetration was not possible. The court held that medical evidence contradicted the prosecution story. (Paras 15-18)
Issue of Consideration
Whether the acquittal of the accused for the offence under Section 376 IPC was perverse and liable to be set aside.
Final Decision
The High Court dismissed the appeal and upheld the acquittal of the accused for the offence under Section 376 IPC.
Law Points
- Acquittal appeal
- standard of review
- corroboration of child testimony
- delay in FIR
- medical evidence
- Section 376 IPC
