Case Note & Summary
The appellant, Nilesh Prabhakar Jadhav, was convicted by the Additional Sessions Judge, Khamgaon, in Sessions Trial No.65/2017 for offences under Section 376(2)(l)(n) (rape of a woman with mental disability) and Section 506 (criminal intimidation) of the Indian Penal Code, 1860. He was sentenced to rigorous imprisonment for 12 years and fine of Rs.15,000 for rape, and rigorous imprisonment for 1 year and fine of Rs.1,000 for criminal intimidation, with sentences to run concurrently. The victim, a 38-year-old unmarried woman with low IQ and physical handicap, was living with her sister-in-law (informant). On 28.8.2017, she complained of abdominal pain and was taken to a hospital, where it was discovered she was pregnant. Upon questioning, she disclosed that the appellant, a neighbour, had raped her multiple times over the past few months. The informant lodged a report on 13.9.2017. The trial court convicted the appellant, leading to this appeal. The High Court examined the evidence, including the testimony of the victim (PW-1), the informant (PW-2), and medical evidence. The victim's testimony was found to be consistent and credible, and the medical evidence corroborated the fact of sexual intercourse. The court held that the testimony of a prosecutrix, if credible, does not require corroboration. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Rape of Mentally Disabled Woman - Sections 375, 376(2)(l)(n), 506 Indian Penal Code, 1860 - Credibility of Prosecutrix - The victim, a 38-year-old unmarried woman with low IQ and physical handicap, was raped by the appellant. The trial court convicted the appellant based on the testimony of the victim (PW-1) and the informant (PW-2), corroborated by medical evidence. The High Court held that the testimony of the prosecutrix is credible and trustworthy, and no corroboration is required if it inspires confidence. The appeal was dismissed. (Paras 1-20) B) Criminal Law - Rape of Mentally Disabled Woman - Section 376(2)(l)(n) Indian Penal Code, 1860 - Sentence - The appellant was sentenced to rigorous imprisonment for 12 years and fine of Rs.15,000 for rape, and 1 year rigorous imprisonment for criminal intimidation. The High Court found the sentence appropriate given the gravity of the offence and the vulnerability of the victim. (Paras 2, 20)
Issue of Consideration
Whether the conviction of the appellant for offences under Sections 376(2)(l)(n) and 506 of the Indian Penal Code is sustainable on the basis of the evidence on record.
Final Decision
Appeal dismissed. Conviction and sentence upheld.
Law Points
- Rape of a woman with mental disability
- Section 375 IPC
- Section 376(2)(l)(n) IPC
- Section 506 IPC
- credibility of prosecutrix
- corroboration of evidence
- presumption under Section 114A Evidence Act
- medical evidence in rape cases
- sentence for rape of disabled person
