Case Note & Summary
The State of Maharashtra appealed against the judgment dated 14/08/2012 of the Additional Sessions Judge, Kopargaon, in Sessions Case No.19 of 2010, whereby the respondent-accused, Mahadu Dagdu Shinde, was acquitted of charges under Sections 376 and 506 of the Indian Penal Code. The prosecutrix alleged that on the night prior to 25/03/2010, she served dinner to the accused, her cousin father-in-law, as her mother-in-law and the accused's family had gone outstation. On 25/03/2010 at around 10.30 a.m., while she was drawing water from a jar, the accused grabbed her from behind and committed rape. She also alleged that the accused threatened her with dire consequences. The Trial Court acquitted the accused, finding the prosecutrix's testimony inconsistent and lacking corroboration. The High Court, after considering the submissions of the learned APP and perusing the record, found no perversity in the Trial Court's appreciation of evidence. The High Court noted that the prosecutrix's version was not corroborated by medical evidence or other witnesses, and there were material contradictions. The appeal was dismissed. Additionally, the High Court expressed strong displeasure at the Trial Court's use of vulgar and disrespectful words like 'F*****' and 'F******' while recording the testimony of the prosecutrix and in the judgment, stating that such language is utterly disrespectful to women and deprecated the same.
Headnote
A) Criminal Law - Rape - Acquittal - Inconsistent Testimony - Sections 376, 506 Indian Penal Code, 1860 - The State appealed against acquittal of accused for rape and criminal intimidation. The prosecutrix's testimony was found to be inconsistent and lacking corroboration. The High Court upheld the acquittal, noting that the Trial Court's appreciation of evidence was not perverse. (Paras 1-6) B) Criminal Procedure - Trial Court - Use of Vulgar Language - The High Court strongly deprecated the Trial Court's use of foul and disrespectful words like 'F*****' and 'F******' while recording the testimony of the prosecutrix and in the judgment, stating it was utterly disrespectful to women. (Paras 3-4)
Issue of Consideration
Whether the acquittal of the accused for offences under Sections 376 and 506 of the Indian Penal Code by the Trial Court was perverse and liable to be set aside.
Final Decision
The appeal is dismissed. The judgment of acquittal dated 14/08/2012 passed by the Additional Sessions Judge, Kopargaon in Sessions Case No.19 of 2010 is confirmed.
Law Points
- Acquittal in rape case upheld due to inconsistencies in prosecutrix's testimony
- lack of corroboration
- and absence of medical evidence
- Trial Court's use of vulgar language deprecated
