Case Note & Summary
The appellant, Ajmat Shaha @ Ajju Tayyab Shaha, was convicted by the Additional Sessions Judge, Akot, District Akola, for the offence punishable under Section 376(2)(j)(l) of the Indian Penal Code (IPC) and sentenced to rigorous imprisonment for 10 years and a fine of Rs.5,000/-. The incident occurred on 10.12.2016 at about 7.00 p.m. to 7.30 p.m. The victim was a 60-year-old woman who was mentally ill and physically challenged. She had come to Adgaon Phata 7-8 days prior to the incident and took shelter under a tamarind tree. The informant, Nandkishor Ghonge (PW-2), an auto rickshaw driver, noticed the victim and took pity on her. On the day of the incident, he saw the appellant committing sexual intercourse with the victim. He raised an alarm, but the appellant fled. The informant then lodged a report at Akot Police Station. The victim was examined medically, and a DNA report confirmed the presence of the appellant's DNA on the victim's clothes and vaginal swab. The trial court convicted the appellant based on the testimony of the informant, medical evidence, and the DNA report. The appellant appealed against the conviction. The High Court held that the victim, being mentally ill and unable to testify, the prosecution could rely on circumstantial evidence. The testimony of the informant was natural and credible, and it was corroborated by the medical evidence and the DNA report. The court found no reason to interfere with the conviction and dismissed the appeal.
Headnote
A) Criminal Law - Rape of Mentally Ill Woman - Section 376(2)(j)(l) Indian Penal Code, 1860 - Conviction based on testimony of informant, medical evidence, and DNA report - The victim, being mentally ill and unable to testify, the prosecution relied on circumstantial evidence and expert testimony - Held that the evidence of the informant, coupled with the medical report confirming sexual intercourse and the DNA report linking the appellant, was sufficient to prove the offence beyond reasonable doubt (Paras 1-30). B) Evidence Law - Testimony of Informant - Corroboration - The informant, who found the victim and reported the incident, was a natural witness and his testimony was corroborated by medical evidence and DNA report - Held that the testimony of the informant was reliable and sufficient to establish the prosecution case (Paras 10-20). C) Medical Jurisprudence - DNA Evidence - Admissibility - The DNA report showing the appellant's DNA on the victim's clothes and vaginal swab was admissible and conclusive - Held that DNA evidence is a reliable scientific tool to establish identity and link the accused to the crime (Paras 21-25).
Issue of Consideration
Whether the conviction of the appellant under Section 376(2)(j)(l) of the Indian Penal Code for the rape of a 60-year-old mentally ill woman is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the Additional Sessions Judge, Akot, District Akola in Sessions Trial No.07/2017 are confirmed.
Law Points
- Rape of mentally ill woman
- Section 376(2)(j)(l) IPC
- Incapacitated victim
- DNA evidence
- Corroboration of testimony
- Medical evidence
- Circumstantial evidence
