Case Note & Summary
The appellant, Shri Sambhaji Aba Mandale, was convicted by the Sessions Court for offences under Section 376(2)(f) and Section 506 of the Indian Penal Code, 1860, and sentenced to rigorous imprisonment for 10 years and fine for the rape of a 9-year-old girl, and simple imprisonment for six months for criminal intimidation. The prosecution case was that on 24 December 2004, the appellant induced the prosecutrix to accompany him by promising sweets, took her to his land, and committed rape. The prosecutrix immediately informed her mother, who examined her private part and found swelling and redness. A complaint was lodged that night, and the appellant was arrested. The prosecution examined seven witnesses, including the prosecutrix, her mother, the investigating officer, and two doctors. The trial court convicted the appellant. The appellant challenged the conviction in the High Court. The High Court heard the counsel for the appellant and the State. The court considered the evidence of the prosecutrix and her mother, which was found credible and trustworthy. The medical evidence corroborated the rape. The court upheld the conviction and dismissed the appeal.
Headnote
A) Criminal Law - Rape of Minor - Testimony of Prosecutrix - Section 376(2)(f) Indian Penal Code, 1860 - The court considered whether the uncorroborated testimony of the 9-year-old prosecutrix was sufficient to sustain a conviction for rape. The court held that the evidence of the prosecutrix was credible and trustworthy, and the medical evidence corroborated the fact of rape. The conviction was upheld. (Paras 2-4)
B) Criminal Law - Criminal Intimidation - Section 506 Indian Penal Code, 1860 - The appellant was also convicted for criminal intimidation. The court upheld the conviction based on the evidence on record. (Para 2)
Issue of Consideration
Whether the conviction of the appellant under Section 376(2)(f) and Section 506 IPC is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the Sessions Court are upheld.
Law Points
- Testimony of prosecutrix in sexual offences is sufficient for conviction if found credible
- Medical evidence corroborating rape of minor
- Section 376(2)(f) IPC applies to rape of a girl under 12 years
- Section 506 IPC for criminal intimidation
Case Details
2010 LawText (BOM) (03) 61
Criminal Appeal No. 570 of 2006
Mr. Manoj Kadam i/b Mr. Pratap Patil for the appellant, Mrs. R.V. Newton, APP for the State
Shri Sambhaji Aba Mandale
The State of Maharashtra and Poonam Bapursaheb Shinde (minor through natural guardian mother Anita Bapusaheb Shinde)
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Nature of Litigation
Criminal appeal against conviction for rape and criminal intimidation.
Remedy Sought
The appellant sought to challenge the judgment and order of the Sessions Court convicting him under Section 376(2)(f) and Section 506 IPC.
Filing Reason
The appellant was convicted by the Sessions Court for rape of a 9-year-old girl and criminal intimidation.
Previous Decisions
The Sessions Court convicted the appellant and sentenced him to 10 years rigorous imprisonment for rape and 6 months simple imprisonment for criminal intimidation.
Issues
Whether the conviction under Section 376(2)(f) IPC is sustainable based on the evidence of the prosecutrix and medical evidence.
Whether the conviction under Section 506 IPC is sustainable.
Submissions/Arguments
The appellant's counsel argued against the conviction.
The State supported the conviction.
Ratio Decidendi
The testimony of the prosecutrix in sexual offences, if found credible and trustworthy, is sufficient to sustain a conviction. Medical evidence corroborating the rape further strengthens the prosecution case.
Judgment Excerpts
The appellant is challenging the judgment and order passed by the Sessions Court whereby the Sessions Court was pleased to convict the appellant for the offence punishable under section 376(2)(f) of the Indian Penal Code and he was sentenced to suffer rigorous imprisonment for 10 years and to pay fine of Rs 3000/- and in default to undergo further rigorous imprisonment for six months.
Prosecution case is that on 24/12/2004, the appellant induced the prosecutrix who was a young girl of 9 years of age to accompany him telling her that he would be giving her some sweets and, thereafter, took her to his land and there he committed rape on her.
Procedural History
The appellant was convicted by the Sessions Court for offences under Section 376(2)(f) and Section 506 IPC. He filed an appeal before the High Court of Judicature at Bombay, which was heard and dismissed on 29 March 2010.
Acts & Sections
- Indian Penal Code, 1860: 376(2)(f), 506
