Case Note & Summary
The appeal was filed by two appellants against their conviction by the II Additional Sessions Judge, Solapur in Sessions Case No.81 of 1996. Appellant no.1, Kisan Dashrath Tambile, was convicted under Section 376 IPC for rape and sentenced to three years simple imprisonment and a fine of Rs.2,000/-. Appellant no.2, Digambar Sadhu Bhosale, was convicted under Section 312/511 IPC for attempt to cause miscarriage and sentenced to three months simple imprisonment and a fine of Rs.500/-. The prosecution case was that the prosecutrix (P.W.1) fell in love with appellant no.1 and voluntarily engaged in sexual relations, resulting in pregnancy. Both appellants and the prosecutrix approached Dr. Saroj Mahajan for terminating the pregnancy. The trial court convicted both appellants. On appeal, the High Court noted that appellant no.2 had died, so the appeal abated against him. The court examined the evidence and found that the prosecutrix's testimony and complaint indicated that she voluntarily succumbed to appellant no.1's physical desires, and the sexual relations were consensual. Dr. Mahajan's evidence confirmed that appellant no.1, the victim, and her mother visited the clinic together. The court held that the prosecution failed to prove any force or lack of consent, and thus the conviction under Section 376 IPC was unsustainable. The court allowed the appeal of appellant no.1, set aside his conviction and sentence, and ordered his release unless required in another case.
Headnote
A) Criminal Law - Rape - Consent - Section 376 Indian Penal Code, 1860 - Consensual Sexual Relationship - The prosecution evidence established that the prosecutrix voluntarily fell in love with the appellant and succumbed to his physical desires, indicating consent. The court held that the conviction for rape was unsustainable as the relationship was consensual and not forcible. (Paras 3-4) B) Criminal Law - Attempt to Cause Miscarriage - Section 312/511 Indian Penal Code, 1860 - Abetment - The appellant no.2 was convicted for attempting to cause miscarriage, but the appeal abated due to his death. The court did not examine the merits of this conviction. (Para 2)
Issue of Consideration
Whether the conviction of appellant no.1 under Section 376 IPC for rape and appellant no.2 under Section 312/511 IPC for attempt to cause miscarriage is sustainable when the evidence shows consensual sexual relations.
Final Decision
Appeal of appellant no.1 allowed; conviction and sentence set aside; appellant no.1 ordered to be released unless required in another case. Appeal against appellant no.2 abated due to death.
Law Points
- Consent
- Rape
- Section 376 IPC
- Consensual Sexual Relationship
- Abetment of Miscarriage
- Section 312/511 IPC
