Case Note & Summary
The State of Maharashtra filed an appeal against the judgment and order dated 17th March 2003 passed by the 10th Additional Sessions Judge, Pune, acquitting the respondent-accused, Mohammad Isaq Mohammad Ansari, of offences punishable under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 354 and 341 of the Indian Penal Code. The case of the prosecution was that on 27th November 1999 at about 8:30 p.m., the complainant, Dipali Sanjay Tupe (PW-1), then aged 12 years, went to the STD booth run by the accused to make a phone call to her cousin sister Shital Tupe. When the call did not connect, the accused entered the booth, dialed the number, and handed the phone to PW-1. As PW-1 tried to leave the cabin, the accused allegedly inappropriately touched her on various parts of her body. PW-1 was accompanied by her friend Rani Waghmare, also aged 12 years. After the incident, PW-1 was weeping and met her grandmother Sita Tupe (PW-2), who took her to the police station and lodged an FIR. The trial court acquitted the accused, finding the prosecution evidence unreliable. The High Court, in appeal, considered the limited scope of interference in appeals against acquittal. The court noted that the trial court had given cogent reasons for acquittal, including contradictions in the testimony of PW-1, lack of corroboration from independent witnesses, and failure to prove that the complainant belonged to a Scheduled Caste or Scheduled Tribe. The court also observed that the child witness's testimony was not reliable and that the medical evidence did not support the allegations. The High Court held that the view taken by the trial court was a possible and reasonable view, and there was no perversity warranting interference. Accordingly, the appeal was dismissed and the acquittal was upheld.
Headnote
A) Criminal Law - Appeal against acquittal - Scope of interference - High Court's power to reverse acquittal is limited to cases where the trial court's view is perverse or unreasonable - If two views are possible, the one favouring the accused must be adopted - The presumption of innocence is strengthened by acquittal (Paras 4-5). B) Evidence Law - Child witness - Reliability - A child witness can be a competent witness but the court must scrutinize evidence with caution and seek corroboration if the child is of tender age - In this case, the child witness (PW-1) was 12 years old at the time of incident and her testimony was found to be unreliable due to contradictions and lack of corroboration (Paras 6-8). C) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(xi) - Ingredients - The offence requires assault or use of force to a woman belonging to SC/ST with intent to dishonour or outrage her modesty - The prosecution failed to prove that the complainant was a member of Scheduled Caste or Scheduled Tribe and that the accused had the requisite intent (Para 9). D) Indian Penal Code, 1860 - Section 354 - Assault or criminal force to woman with intent to outrage modesty - The prosecution must prove that the accused used criminal force with the intention to outrage modesty - In this case, the evidence of the complainant was not corroborated by independent witnesses and the medical evidence did not support the allegations (Paras 10-11). E) Indian Penal Code, 1860 - Section 341 - Punishment for wrongful restraint - The prosecution failed to prove that the accused wrongfully restrained the complainant - The evidence on record was insufficient to establish the ingredients of the offence (Para 12).
Issue of Consideration
Whether the acquittal of the accused by the trial court was perverse or unreasonable, warranting interference by the High Court in an appeal against acquittal.
Final Decision
The High Court dismissed the appeal and upheld the acquittal of the accused.
Law Points
- Appeal against acquittal
- Scope of interference
- Presumption of innocence
- Reliability of child witness
- Corroboration of evidence
- Benefit of doubt
