Case Note & Summary
The State of Maharashtra appealed against the acquittal of the respondent, Shailesh Sadashiv Mohite, for offences under Sections 376, 504, 506 of the Indian Penal Code (IPC) and Section 3(2)(xii) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. The case arose from an alleged incident on 21st June 1994, where the prosecutrix, a 10th standard student, claimed she was raped by the accused in an open field. The trial court acquitted the accused on 20th November 2001, finding the prosecution's evidence insufficient. The High Court examined the appeal and found that the prosecutrix's testimony was inconsistent and lacked corroboration from her friend Vanita, who did not support the prosecution. The medical evidence did not confirm rape, and the delay in lodging the FIR was not satisfactorily explained. The court held that the trial court's acquittal was not perverse and did not warrant interference. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Rape - Acquittal - Inconsistent Testimony - The prosecutrix's testimony was inconsistent and lacked corroboration from independent witnesses, leading to the conclusion that the prosecution failed to prove the case beyond reasonable doubt. The trial court's acquittal was upheld as not perverse. (Paras 1-20) B) Criminal Law - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(2)(xii) - Atrocities - The charge under the Atrocities Act was not proved as the essential ingredients were not established. (Paras 1-20)
Issue of Consideration
Whether the prosecution proved the charges of rape and atrocities beyond reasonable doubt, and whether the trial court's acquittal was perverse.
Final Decision
The appeal is dismissed. The judgment and order of acquittal passed by the Sessions Judge, Satara, in Sessions Case No.213 of 1994 is upheld.
Law Points
- Acquittal upheld
- Inconsistent testimony
- Lack of corroboration
- Benefit of doubt
- Rape
- Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act
- 1989
- Section 376 IPC
- Section 504 IPC
- Section 506 IPC
