Case Note & Summary
The appellant, Damodhar Rambhau Inchal, was convicted by the Additional Sessions Judge, Aurangabad in Sessions Case No. 102 of 2008 for offences under Section 376(2)(f) and Section 342 of the Indian Penal Code. He was sentenced to ten years rigorous imprisonment for rape and one year for wrongful confinement. The prosecution case was that on 9th January 2008, the appellant raped a five-year-old girl, the daughter of the complainant Eknath Pawar, in his house. The victim's mother, Sunita (PW4), heard cries and found the victim with blood-stained underwear. The victim disclosed that the appellant had dragged her inside and raped her. The appellant appealed against the conviction. The High Court examined the evidence, including the testimony of the child victim (PW2), her mother (PW4), and medical evidence. The court found that the child's testimony was inconsistent and not corroborated by medical evidence, which showed no signs of rape. The court also noted that the mother's testimony was not fully reliable. Consequently, the court held that the prosecution failed to prove the guilt beyond reasonable doubt and acquitted the appellant, giving him the benefit of doubt.
Headnote
A) Criminal Law - Rape of Minor - Section 376(2)(f) IPC - Appreciation of Evidence - Conviction based on uncorroborated testimony of child victim and mother - Held that in cases of child rape, the testimony of the victim alone can be sufficient if it inspires confidence, but in the present case, the evidence of the child victim (PW2) was inconsistent and not corroborated by medical evidence or other witnesses, leading to reasonable doubt (Paras 1-20). B) Criminal Law - Wrongful Confinement - Section 342 IPC - Lack of Evidence - Prosecution failed to prove that the accused wrongfully confined the victim - Held that the conviction under Section 342 IPC is also unsustainable as there is no independent evidence of confinement (Para 20).
Issue of Consideration
Whether the conviction of the appellant under Sections 376(2)(f) and 342 of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Appreciation of evidence in child rape cases
- Corroboration of child witness testimony
- Medical evidence in sexual offences
- Presumption of innocence
- Benefit of doubt
