Case Note & Summary
The appellant, Subhash Sahebrao Datkar, was convicted by the trial court for offences under Sections 452, 354 and 376 of the Indian Penal Code, 1860 for allegedly entering the house of PW-1 Kalabai Ramroop Upadhya at night, outraging her modesty and attempting to rape her. The prosecution case rested primarily on the testimony of PW-1. The High Court, on appeal, scrutinized the evidence and found material contradictions in PW-1's version, particularly regarding the time of the incident (she stated it was 10:00 p.m. but later said 12:00 midnight) and the manner of entry (she claimed the accused opened the chain, but the chain was found intact). The medical evidence did not show any injuries or corroborate the allegations. The court held that the sole testimony of the prosecutrix was unreliable and that the prosecution had failed to prove the case beyond reasonable doubt. Consequently, the appeal was allowed, the conviction was set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Rape and Attempt to Rape - Sections 452, 354, 376 Indian Penal Code, 1860 - Conviction based on sole testimony of prosecutrix - The appellant was convicted for house trespass, outraging modesty and attempt to rape. The High Court found that the testimony of PW-1 (prosecutrix) was unreliable due to material contradictions regarding the time of incident and the manner of entry, and that medical evidence did not support the allegations. Held that the prosecution failed to prove the case beyond reasonable doubt, and the appellant is entitled to acquittal (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Sections 452, 354 and 376 of the Indian Penal Code, 1860 is sustainable based on the sole testimony of the prosecutrix which contains material contradictions and lacks corroboration.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted of all charges.
Law Points
- Conviction cannot be based solely on uncorroborated testimony of prosecutrix if it is unreliable
- material contradictions
- benefit of doubt
- Sections 452
- 354
- 376 IPC
