Case Note & Summary
The State of Maharashtra appealed against the acquittal of the respondent-accused (XYZ) for offences under Section 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012. The prosecutrix (ABC), a 14-year-old girl, alleged that the accused, who was known to her through a neighbour, took her to a friend's room on multiple occasions and committed sexual intercourse, starting after Ganpati festival in 2001. The FIR was lodged on 25.09.2001 after the last incident. The trial court acquitted the accused, finding the prosecutrix's testimony unreliable due to material contradictions, improvements, and lack of corroboration. The High Court, in appeal, examined the evidence and found that the prosecutrix's version was inconsistent with medical evidence, which showed no signs of rape. The court noted that the delay in filing the FIR was not satisfactorily explained, and the prosecutrix's mother's testimony did not support the allegations. The court held that the prosecution failed to prove the case beyond reasonable doubt, and the trial court's acquittal was not perverse. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Sexual Assault - Section 376 IPC, Section 4 POCSO Act - Inconsistent Testimony - Prosecutrix's testimony contained material contradictions and improvements - Medical evidence did not support rape - Court held that conviction cannot be based on uncorroborated testimony of prosecutrix when it is unreliable (Paras 1-11) B) Evidence Law - Corroboration - Section 157 Evidence Act - Delay in FIR - FIR lodged after 2 months without satisfactory explanation - Court held that delay coupled with inconsistencies raises doubt about prosecution case (Paras 2-10) C) Criminal Procedure - Appeal against Acquittal - Section 378 CrPC - Scope of interference - Appellate court should not reverse acquittal unless findings are perverse or unreasonable - Held that trial court's acquittal was based on proper appreciation of evidence (Paras 1-11)
Issue of Consideration
Whether the prosecution proved the charge of sexual assault under Section 376 IPC and Section 4 of POCSO Act beyond reasonable doubt
Final Decision
The High Court dismissed the appeal and upheld the acquittal of the respondent-accused
Law Points
- Presumption of innocence
- Burden of proof beyond reasonable doubt
- Corroboration of victim testimony
- Inconsistencies in evidence
- Benefit of doubt
