Case Note & Summary
The appellant, Kailash Laxman Khamkar, was convicted by the Third Additional Sessions Judge, Thane, for offences under Sections 366-A, 376 and 377 of the Indian Penal Code (IPC) and sentenced to rigorous imprisonment for three years (Section 366-A) and ten years each (Sections 376 and 377) with fines. He was acquitted under Section 342 IPC. The case arose from an incident on 15 October 1997 when the appellant, a neighbour, called the 6-7 year old victim to his house under the pretext of bringing goods. The victim's mother, Hirabai, found the door closed from inside, and when opened, the victim came out weeping with a wet frock, and the appellant was in his underwear. The victim disclosed that the appellant raped her and committed anal intercourse. The FIR was lodged promptly, and medical examination revealed injuries consistent with sexual assault. The appellant's defence was that he was falsely implicated due to enmity over electricity and water supply. The trial court convicted him. On appeal, the High Court examined the evidence, particularly the testimony of the victim (PW-1), her mother (PW-2), and the medical officer (PW-4). The court found the victim's testimony natural, consistent, and corroborated by medical evidence and the prompt complaint. The court rejected the defence of enmity as not proved. The appeal was dismissed, and the conviction and sentences were upheld.
Headnote
A) Criminal Law - Rape and Unnatural Offence - Minor Victim - Credibility of Child Witness - The court examined the testimony of a 6-7 year old victim who deposed about rape and anal intercourse by the accused neighbour - Held that the child's evidence was natural, consistent and corroborated by medical evidence and prompt complaint, hence conviction upheld (Paras 1-10). B) Criminal Law - Kidnapping - Section 366-A IPC - Inducement of Minor - The accused called the victim to his house under pretext of bringing goods - Held that this amounts to inducement for illicit intercourse, but the court did not specifically discuss this point in detail (Paras 1-3). C) Criminal Law - Unnatural Offence - Section 377 IPC - Anal Intercourse - Medical evidence showed injuries consistent with anal intercourse - Held that the offence under Section 377 is made out (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Sections 366-A, 376 and 377 IPC is sustainable based on the evidence of the child victim and other circumstances.
Final Decision
The High Court dismissed the appeal and upheld the conviction and sentences imposed by the trial court.
Law Points
- Section 366-A IPC
- Section 376 IPC
- Section 377 IPC
- Section 342 IPC
- credibility of child witness
- medical evidence corroboration
- presumption under Section 114-A Evidence Act
