Case Note & Summary
The State of Maharashtra appealed against the acquittal of Sanjay Rangrao Choukikar (respondent-accused) for offences under Sections 376 (rape) and 506 (criminal intimidation) of the Indian Penal Code. The prosecutrix, a 15-year-old girl, alleged that the accused, her cousin's husband, raped her thrice in April 2000 when she went to his house to fill water. She claimed he threatened to kill her if she disclosed the incidents. She later missed her menses and was found to be seven months pregnant. Her father and uncle confronted the accused, who initially promised to marry her but later retracted. The trial court acquitted the accused, leading to this appeal. The High Court examined the evidence and found that the prosecutrix's testimony was inconsistent and uncorroborated. She stated the incidents occurred in April 2000, but medical evidence showed the pregnancy was of seven months when detected in November 2000, which would place conception around April 2000, but the court noted discrepancies in her account of the number of incidents and the timing. The court also noted that the delay in filing the FIR was not adequately explained. The High Court held that the trial court's findings were not perverse and that the acquittal did not warrant interference. The appeal was dismissed.
Headnote
A) Criminal Law - Rape - Appreciation of Evidence - Sections 376, 506 IPC - Acquittal upheld where prosecutrix's testimony was inconsistent, uncorroborated, and contradicted by medical evidence - The court found that the prosecutrix's version regarding the number of incidents and the time of occurrence was not reliable, and the medical evidence did not support the allegation of rape seven months prior - Held that the trial court's acquittal was not perverse and did not warrant interference (Paras 1-17). B) Criminal Procedure - Appeal against Acquittal - Section 378 Cr.P.C. - Scope of interference - The appellate court should not lightly reverse an acquittal unless the findings are perverse or unreasonable - The High Court found no perversity in the trial court's reasoning and dismissed the appeal (Paras 1, 17).
Issue of Consideration
Whether the acquittal of the respondent-accused for offences under Sections 376 and 506 of the Indian Penal Code was perverse and liable to be set aside.
Final Decision
The High Court dismissed the appeal and upheld the acquittal of the respondent-accused for offences under Sections 376 and 506 IPC.
Law Points
- Appreciation of evidence in rape cases
- Corroboration of prosecutrix testimony
- Delay in FIR
- Medical evidence
- Age of prosecutrix
- Promise to marry
