Case Note & Summary
The appellant, Harishchandra Sitaram Khanorkar, was convicted by the trial court for offences punishable under Section 376(2)(f)(j)(i)(n) of the Indian Penal Code and sentenced to life imprisonment with a fine of Rs.25,000/-. The prosecution case was that the victim, a minor girl, was residing with the appellant after her mother's second marriage. The appellant, whom the victim's mother treated as a brother, admitted the victim to school and took care of her. In November 2013, the victim complained of abdominal pain and was found to be seven months pregnant. Upon inquiry, she disclosed that the appellant had forcibly committed sexual intercourse with her multiple times since she was in the 9th standard. The victim delivered a child, which was given to Bal Kalyan Samiti. The mother lodged a report on 02/12/2013, leading to registration of Crime No.370/2013. The appellant challenged his conviction on the ground that the victim's testimony was unreliable and that the medical evidence did not conclusively prove rape. The court analyzed the evidence, including the victim's testimony, medical reports, and the appellant's conduct. The court found the victim's testimony to be consistent, credible, and corroborated by the medical evidence of pregnancy. The court held that the appellant, being a guardian figure, had breached the trust reposed in him. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Rape of Minor - Custodial Rape - Section 376(2)(f)(j)(i)(n) Indian Penal Code, 1860 - The appellant, a guardian figure, was convicted for repeatedly raping a minor victim who was residing with him. The victim's testimony was found to be credible and consistent, corroborated by medical evidence of pregnancy. The court held that the prosecution proved its case beyond reasonable doubt and the conviction was upheld. (Paras 2-24) B) Evidence Law - Testimony of Victim - Corroboration - Pregnancy as Evidence - The victim's testimony alone is sufficient for conviction if found credible. In this case, the victim's pregnancy of 7 months at the time of reporting corroborated her account of repeated sexual assault. The court held that medical evidence of pregnancy is strong corroborative evidence in rape cases. (Paras 10-18) C) Criminal Law - Sentencing - Life Imprisonment - Section 376(2) Indian Penal Code, 1860 - The appellant was sentenced to life imprisonment and fine of Rs.25,000/-. The court held that the gravity of the offence, the breach of trust, and the age of the victim justified the maximum sentence. (Paras 20-24)
Issue of Consideration
Whether the conviction of the appellant under Section 376(2)(f)(j)(i)(n) of the Indian Penal Code for repeatedly raping a minor victim who was under his care and custody is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence of life imprisonment under Section 376(2)(f)(j)(i)(n) IPC are upheld.
Law Points
- Rape of minor
- custodial rape
- guardian's breach of trust
- pregnancy as corroborative evidence
- victim's testimony credibility
- Section 376(2)(f)(j)(i)(n) IPC
