Case Note & Summary
The appellant, Ajijkha (Khan) Bismillakha (Khan), was convicted by the Additional Sessions Judge, Amravati, for offences under Sections 376(2)(j)(n) and 506 of the Indian Penal Code, 1860, and sentenced to ten years' rigorous imprisonment. The prosecution alleged that on 28.09.2020, the appellant caught hold of a mentally retarded girl, took her to a cattle shed, pressed her breasts, and inserted his finger in her private part. It was also alleged that he had committed similar acts on four earlier occasions and threatened her. The victim reported the incident to her mother on the same day, and a complaint was lodged on 30.09.2020. The appellant was arrested and charged. The trial court convicted him based on the victim's testimony and other evidence. On appeal, the High Court examined the evidence and found several inconsistencies. The victim's testimony was not corroborated by medical evidence, which showed no signs of rape. The court also noted that the victim's mother and brother, who were material witnesses, were not examined. The court held that the prosecution failed to prove the case beyond reasonable doubt. The appeal was allowed, the conviction was set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Rape - Appreciation of Evidence - Sections 376(2)(j)(n) and 506 Indian Penal Code, 1860 - The appellant was convicted for rape and criminal intimidation of a mentally retarded girl. The High Court found that the victim's testimony was inconsistent and not corroborated by medical evidence or other witnesses. The court held that the prosecution failed to prove the case beyond reasonable doubt, and the conviction was set aside. (Paras 1-20) B) Evidence Law - Testimony of Mentally Retarded Victim - Credibility - The victim's testimony was found to be unreliable due to contradictions and lack of corroboration. The court held that while the testimony of a victim in sexual offences is given great weight, it must be credible and consistent. (Paras 10-15) C) Medical Evidence - Rape - Lack of Corroboration - The medical evidence did not support the allegations of rape. The court noted that the absence of injuries and the negative report weakened the prosecution's case. (Paras 16-18)
Issue of Consideration
Whether the conviction of the appellant under Sections 376(2)(j)(n) and 506 of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
The appeal is allowed. The judgment and order of conviction dated 19.01.2022 passed by the Additional Sessions Judge, Amravati in Sessions Case No. 01/2021 is set aside. The appellant is acquitted of the offences punishable under Sections 376(2)(j)(n) and 506 of the Indian Penal Code. The appellant be set at liberty forthwith, if not required in any other case.
Law Points
- Appreciation of evidence in sexual offences
- credibility of victim testimony
- corroboration of medical evidence
- standard of proof beyond reasonable doubt
