Case Note & Summary
The State of Maharashtra appealed against the judgment and order of acquittal dated 6th August 2001 passed by the 2nd Ad-hoc Additional Sessions Judge, Solapur, in Sessions Case No.198 of 2000, acquitting the respondent Jayant Nanasaheb Salve for offences punishable under Sections 376, 504, 506 and 109 of the Indian Penal Code (IPC). The prosecution case was that the prosecutrix, a student of Class 8th, was raped by the accused, a teacher, on multiple occasions between July 1996 and January 1999. The accused allegedly visited her house, expressed desire for mess service, and later teased her. In January 1999, while she was going to meet her grandmother, the accused accompanied her and allegedly committed rape. The trial court acquitted the accused, finding the prosecutrix's testimony inconsistent and lacking corroboration. The High Court, in appeal, examined the evidence and found that the trial court's findings were not perverse. The court noted material inconsistencies in the prosecutrix's statements regarding the date, time, and place of the incident, and the delay in filing the FIR. The court held that the prosecution failed to prove the case beyond reasonable doubt and dismissed the appeal, upholding the acquittal.
Headnote
A) Criminal Law - Rape - Acquittal Appeal - Standard of Proof - Indian Penal Code, 1860, Sections 376, 504, 506, 109 - The State appealed against acquittal of the accused for rape and allied offences. The High Court held that the trial court's findings were not perverse and the prosecution failed to prove guilt beyond reasonable doubt due to material inconsistencies in the prosecutrix's testimony and lack of corroboration. (Paras 1-21) B) Evidence Law - Testimony of Prosecutrix - Corroboration - Indian Evidence Act, 1872, Section 134 - The court observed that while the testimony of a prosecutrix alone can be sufficient, in this case, the evidence was inconsistent and lacked corroboration on material aspects, leading to the conclusion that the acquittal was justified. (Paras 10-18)
Issue of Consideration
Whether the trial court's acquittal of the respondent for offences under Sections 376, 504, 506 and 109 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 for offences under Sections 376, 504, 506 and 109 IPC.
Law Points
- Acquittal appeal
- standard of proof
- corroboration of prosecutrix testimony
- delay in FIR
- inconsistencies in evidence
