Case Note & Summary
The State of Maharashtra appealed against the acquittal of four accused persons (Vishnu, Tulshiram, Siddhu, and Rukminabai Karwate) by the Sessions Judge, Akola, in Sessions Trial No. 90/2008 for offences under Sections 376 and 417 read with Section 34 of the Indian Penal Code. The prosecution case was that the prosecutrix, a young woman from the same village, was employed in the accused's field. She alleged that accused Vishnu raped her on multiple occasions under the promise of marriage, resulting in pregnancy and the birth of a male child on 01.10.2007. When the accused refused to marry her, she lodged a complaint on 10.11.2007, leading to the registration of Crime No. 106/2007. The trial court acquitted all accused, finding the prosecutrix's testimony unreliable due to inconsistencies, lack of corroboration from medical and DNA evidence, and unexplained delay in lodging the FIR. The High Court, in appeal, examined the scope of interference in acquittal appeals under Section 378 CrPC. It noted that the prosecutrix admitted to a consensual relationship and that the promise of marriage was not false from the beginning. The medical evidence did not support rape, and the DNA report did not conclusively link the accused to the child. The court held that the trial court's findings were not perverse and dismissed the appeal, upholding the acquittal.
Headnote
A) Criminal Law - Appeal against Acquittal - Section 378 CrPC - Scope of Interference - The High Court in an appeal against acquittal can interfere only if the findings of the trial court are perverse or unreasonable. The presumption of innocence in favour of the accused is strengthened by acquittal. (Paras 1-10) B) Rape - False Promise of Marriage - Sections 376, 417 IPC - Consent - Where the prosecutrix alleged that the accused committed rape on the promise of marriage, but the evidence showed that she continued the relationship even after becoming pregnant and the accused did not marry her, the court held that the promise was not false from the inception and the consent was not vitiated. (Paras 11-20) C) Evidence - Medical and DNA Evidence - Corroboration - The medical evidence did not show any injuries or signs of recent sexual assault, and the DNA report did not establish the accused as the father of the child. The absence of corroboration rendered the prosecutrix's testimony unreliable. (Paras 21-30)
Issue of Consideration
Whether the judgment of acquittal passed by the Sessions Judge is perverse and liable to be set aside in appeal under Section 378(1) of the Code of Criminal Procedure, 1973.
Final Decision
The High Court dismissed the appeal, upholding the acquittal of all accused persons.
Law Points
- Appeal against acquittal
- Section 378 CrPC
- presumption of innocence
- corroboration of prosecutrix testimony
- medical evidence
- DNA evidence
- delay in lodging FIR
- false promise of marriage
