Case Note & Summary
The case arises from an incident on 22 July 1997, where the prosecutrix, a resident of Wadachiwadi, went to village Chikhali to offer Naivedya to Goddess Mariai-Laxmi. After offering, she was waiting at Chikhali Phata for a bus when accused No.1 (Anil Vishnu Patil) approached her and falsely told her that her nephew was at his Dhaba and called her. She accompanied him to the Dhaba, where accused No.2 (Vilas Namdeo Mate) was present. There, both accused persons committed gang rape upon her. The trial court convicted both accused under Section 376(G) IPC and sentenced them to five years rigorous imprisonment and a fine of Rs.3,000 each. Accused No.1 died during the appeal, so his appeal abated. The High Court heard the appeal of accused No.2. The court considered the testimony of the prosecutrix, which it found credible and consistent, and noted that medical evidence corroborated the sexual assault. The court dismissed the appeal of accused No.2, upholding his conviction and sentence.
Headnote
A) Criminal Law - Gang Rape - Section 376(G) IPC - Credibility of Prosecutrix - The court examined whether the testimony of the prosecutrix was reliable and corroborated by medical and other evidence. Held that the prosecutrix's evidence was trustworthy and consistent, and the medical evidence supported the prosecution case. (Paras 1-5)
B) Criminal Procedure - Abatement of Appeal - Death of Appellant - The appeal filed by appellant No.1 abated due to his death during the pendency of the appeal. (Para 2)
Issue of Consideration
Whether the conviction of the appellants under Section 376(G) of the Indian Penal Code, 1860 is sustainable based on the evidence on record.
Final Decision
The appeal of appellant No.1 abated. The appeal of appellant No.2 is dismissed. The conviction and sentence under Section 376(G) IPC are upheld.
Law Points
- Gang rape
- Section 376(G) IPC
- credibility of prosecutrix
- corroboration of evidence
- medical evidence
- dying declaration
- abatement of appeal
Case Details
2021 LawText (BOM) (08) 41
Criminal Appeal No. 372 of 1998 with Criminal Suo-Moto Application No.2 of 1998
Prasanna B. Varale, N.R. Borkar
V.M. Throat for Appellant No.2, Mrs. Geeta P. Mulekar, APP for Respondent-State
Anil Vishnu Patil (Abated), Vilas Namdeo Mate
The State of Maharashtra, Chababai Dadarao Chaudhari
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Nature of Litigation
Criminal appeal against conviction for gang rape under Section 376(G) IPC.
Remedy Sought
Appellant No.2 sought acquittal from the conviction and sentence imposed by the trial court.
Filing Reason
The appellants were convicted for gang rape and sentenced to five years rigorous imprisonment and fine.
Previous Decisions
The trial court (II Additional Sessions Judge, Solapur) convicted the appellants on 26.2.1998 in Sessions Case No. 239 of 1997.
Issues
Whether the conviction under Section 376(G) IPC is sustainable based on the evidence of the prosecutrix and medical evidence.
Submissions/Arguments
Appellant No.2 argued that the evidence was insufficient to sustain conviction.
The State argued that the prosecutrix's testimony was credible and corroborated by medical evidence.
Ratio Decidendi
The testimony of the prosecutrix in a rape case is credible and can be the sole basis for conviction if it inspires confidence. In this case, the prosecutrix's evidence was consistent and corroborated by medical evidence, establishing the offence of gang rape under Section 376(G) IPC beyond reasonable doubt.
Judgment Excerpts
This appeal takes an exception to the judgment and order dated 26.2.1998 passed by the learned II Additional Sessions Judge, Solapur in Sessions Case No. 239 of 1997.
Appellant No.1 / accused No.1 died during the pendency of the appeal.
Procedural History
The trial court convicted the appellants on 26.2.1998. They filed Criminal Appeal No. 372 of 1998. During the appeal, appellant No.1 died, and his appeal abated. The High Court heard the appeal of appellant No.2 and dismissed it on 17.8.2021.
Acts & Sections
- Indian Penal Code, 1860: 376(G)
