Case Note & Summary
The appellant, Yogesh Pandurang Kupekar, was convicted by the Sessions Judge at Thane for offences under Sections 376 and 354 of the Indian Penal Code (IPC) and Section 3(2) of the Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013. The prosecution case was that the appellant, posing as a devotee of Macchindranath, promised the victim Deepika Jagushte (PW-7) and her husband Shailesh Jagushte (PW-8) that they would be blessed with a child. The couple visited the appellant's Math regularly, where he gave them vibhuti and chanted mantras. In May 2015, the appellant advised a 'Reiki procedure' requiring the couple to have physical relations in his presence, which they did on five occasions. On 24 July 2016, the appellant came to their house, and after the couple had physical relations, the appellant asked the husband to go to the terrace, and allegedly sexually abused the victim. The victim lodged a complaint, and after investigation, the appellant was chargesheeted and convicted. The appellant challenged the conviction in the Bombay High Court. The court examined the evidence and found that the victim's testimony regarding the incident on 24 July 2016 was uncorroborated. The earlier acts of physical relations in the presence of the appellant were consensual between the husband and wife, and the victim had participated voluntarily. The court held that the prosecution failed to prove the offence of rape under Section 376 IPC beyond reasonable doubt. Consequently, the conviction under Section 354 IPC and Section 3(2) of the Black Magic Act also failed. The court allowed the appeal, set aside the conviction, and acquitted the appellant.
Headnote
A) Criminal Law - Rape - Consent - Corroboration - Section 376, 354 IPC - The court examined whether the alleged sexual assault was proved beyond reasonable doubt. The prosecution case relied on the testimony of the victim (PW-7) and her husband (PW-8). The court found that the victim's testimony regarding the incident on 24.07.2016 was uncorroborated and that the earlier acts of physical relations in the presence of the appellant were consensual between the husband and wife. The court held that the conviction under Section 376 IPC was not sustainable as the evidence did not establish rape beyond reasonable doubt (Paras 1-16). B) Criminal Law - Outraging Modesty - Section 354 IPC - The court held that the conviction under Section 354 IPC was also not sustainable as the alleged act of outraging modesty was part of the same transaction and lacked corroboration (Paras 1-16). C) Criminal Law - Black Magic Act - Section 3(2) of Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013 - The court found that the prosecution failed to prove the ingredients of the offence under the Black Magic Act. The appellant's acts of giving vibhuti and chanting mantras were not shown to be for the purpose of human sacrifice or other prohibited practices. The conviction under this Act was set aside (Paras 1-16).
Issue of Consideration
Whether the conviction of the appellant under Sections 376 and 354 of IPC and Section 3(2) of the Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013 is sustainable in law.
Final Decision
The appeal is allowed. The impugned Judgment and Order dated 23.10.2018 passed by the learned Sessions Judge at Thane in Sessions Case No. 423 of 2016 is set aside. The appellant is acquitted of all charges. His bail bonds stand cancelled.
Law Points
- Consent
- Corroboration
- Sexual Assault
- Black Magic Act
- Section 376 IPC
- Section 354 IPC
- Section 3(2) Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman
- Evil and Aghori Practices and Black Magic Act
- 2013
