Case Note & Summary
The appellant, Babul Khan Wali S/o Mohmaad Khan, was convicted by the Special Judge (POCSO Act), Aurangabad, in Special Case Child Prot. No. 38/2017 for offences under Sections 376 and 506(2) of the Indian Penal Code (IPC) and sentenced to 10 years rigorous imprisonment for rape and 1 year for criminal intimidation. He was acquitted under Sections 4, 6, 8, and 12 of the POCSO Act as the victim's age could not be proved to be below 18 years. The victim, who was adopted by the appellant after her father died and mother abandoned her, alleged that on 16/12/2016, while her adoptive mother was away, the appellant pressed her breast, removed her salwar, and placed his penis on her vagina. She also claimed he threatened her with dire consequences. The appellant challenged his conviction in the High Court. The court examined the evidence, noting that the victim's testimony was inconsistent and uncorroborated. The medical evidence did not support rape, and the victim's mother (DW-2) testified that the victim had a habit of lying and that the appellant was a good father. The court found that the prosecution failed to prove the case beyond reasonable doubt, as the victim's statement under Section 164 CrPC contradicted her court testimony, and there was no independent witness. The court allowed the appeal, set aside the conviction, and acquitted the appellant.
Headnote
A) Criminal Law - Rape - Corroboration - Section 376 IPC - Conviction based solely on uncorroborated testimony of prosecutrix - Held that while conviction can be based on sole testimony of victim, it must be reliable and inspire confidence - Inconsistencies and contradictions in evidence led to acquittal (Paras 10-15). B) Criminal Law - Criminal Intimidation - Section 506(2) IPC - Threat of dire consequences - Held that vague allegations without specific evidence of threat cannot sustain conviction - Acquittal ordered (Paras 16-18). C) Evidence Law - Age of Victim - Proof of age - POCSO Act - Failure to prove victim was below 18 years - Held that acquittal under POCSO Act was proper as age not established (Paras 5-7).
Issue of Consideration
Whether the conviction of the appellant under Sections 376 and 506(2) of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Rape
- Criminal intimidation
- Corroboration of evidence
- Age of victim
- POCSO Act
- Indian Penal Code
