Case Note & Summary
The appellant, Vishakha Fadte, was convicted by the trial court for offences under Section 376 IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) for allegedly committing rape on a 24-year-old woman. The prosecution case was that the appellant, a resident of H.No. 42, New Wada, Pilgao, Bicholim Goa, sexually assaulted the victim. The High Court of Bombay at Goa heard the appeal. The court analyzed the evidence, noting that the prosecutrix's testimony was inconsistent with the FIR and medical evidence did not indicate any penetration. The court held that the prosecution failed to prove its case beyond reasonable doubt. The conviction was set aside and the appellant was acquitted. The court emphasized that in the absence of reliable corroboration, the accused is entitled to the benefit of doubt.
Headnote
A) Criminal Law - Rape - Section 376 IPC - Corroboration - Prosecution case based solely on testimony of prosecutrix - Medical evidence does not support penetration - Inconsistencies in FIR and deposition - Held that conviction cannot be sustained without reliable corroboration (Paras 10-15). B) POCSO Act - Aggravated Penetrative Sexual Assault - Section 4 - Burden of Proof - Prosecution failed to prove guilt beyond reasonable doubt - Child witness testimony not corroborated by medical or other evidence - Held that accused is entitled to benefit of doubt (Paras 16-20).
Issue of Consideration
Whether the appellant is guilty of rape and aggravated penetrative sexual assault under Section 376 IPC and Section 4 of POCSO Act based on the evidence on record.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted of all charges.
Law Points
- Presumption of innocence
- Burden of proof on prosecution
- Corroboration of victim testimony
- Medical evidence in sexual assault cases
- Inconsistencies in prosecution case
