Case Note & Summary
The State of Maharashtra appealed against the acquittal of four accused persons (Nakul Trimbak Bhangare, Ulhas Shankar Bhanushali, Suresh Budhaji Raut, and Prakash Shankar Bhanushali) by the Additional Sessions Judge, Thane, in Sessions Case No.11 of 1995 for offences under Sections 395, 376(2)(g), and 336 read with 34 of the Indian Penal Code. The prosecution case was that on the night of 17th May 1994, the prosecutrix, her husband, and other labourers were working at a farm in Gaurapur, Thane. Around 1:00 a.m., fifteen persons attacked them, beat the husband and the farm owner (Narendra Mehta), pelted stones at other labourers, and then dragged the prosecutrix under a mango tree and gang-raped her. She became unconscious and could not identify the number of rapists. The trial court acquitted all accused, finding the prosecutrix's testimony unreliable due to contradictions with medical evidence (no injuries on her person or the accused), failure to identify any accused, and lack of corroboration from independent witnesses. The High Court, in appeal, examined the evidence and held that the trial court's findings were not perverse. The prosecutrix's statement under Section 164 CrPC did not name any accused, and in court she failed to identify them. Medical evidence showed no signs of rape or struggle. The court also noted that the husband and Mehta Seth did not support the prosecution. Consequently, the High Court dismissed the appeal, upholding the acquittal.
Headnote
A) Criminal Law - Appeal against acquittal - Scope of interference - The High Court in an appeal against acquittal can interfere only if the trial court's findings are perverse or unreasonable, not merely because a different view is possible. (Paras 1-28) B) Criminal Law - Gang rape - Section 376(2)(g) IPC - Corroboration - The testimony of the prosecutrix, though vital, requires careful scrutiny and corroboration by medical or other evidence when there are inconsistencies and contradictions. (Paras 4-28) C) Criminal Law - Dacoity - Section 395 IPC - Identification - Failure of the prosecutrix to identify any of the accused persons in court or during investigation weakens the prosecution case. (Paras 4-28) D) Criminal Law - Hurt - Section 336 IPC - Absence of evidence - No independent witness or medical evidence supported the allegation of hurt by rash act. (Paras 4-28)
Issue of Consideration
Whether the judgment of acquittal passed by the trial court is perverse and liable to be set aside.
Final Decision
Appeal dismissed. Judgment of acquittal passed by Additional Sessions Judge, Thane, dated 10th January 2002 in Sessions Case No.11 of 1995 is confirmed.
Law Points
- Appeal against acquittal
- Gang rape
- Dacoity
- Corroboration of prosecutrix testimony
- Identification of accused
- Benefit of doubt
