Case Note & Summary
The appellant, Mohammed Shakur Javed Ali Shaikh, was convicted by the Additional Sessions Judge, Greater Bombay in Sessions Case Nos. 669/2000 and 1053/2001 for offences under Section 376(g) (gang rape) and Section 452 (house trespass) read with Section 34 of the Indian Penal Code. He was sentenced to rigorous imprisonment for 10 years and a fine of Rs.1,000 for the first charge, and rigorous imprisonment for 7 years and a fine of Rs.1,000 for the second charge. The appellant was the original accused no.2, while accused no.1, Torikul Ijhar Mulla, was also convicted and sentenced similarly. Accused no.1's appeal was disposed of as infructuous as he had already undergone the entire sentence and paid the fine. The prosecution case was that on the night of 21-22 March 2001, the prosecutrix was alone at her house when the two accused entered her room. Accused no.2 closed her mouth and pressed her legs, while accused no.1 committed rape on her, followed by accused no.2. After the act, she switched on the light and identified them. She reported the incident to her husband at 5 a.m., but he abused her and left. Later that evening, she lodged a report at the police station. The police recorded the spot panchnama, seized her clothes, and referred her for medical examination. Accused no.1 was arrested first, and later accused no.2 was arrested after being absconding. Chargesheets were filed separately but tried together. The trial court relied on the testimony of the prosecutrix and the Chemical Analyzer's report to convict both accused. The appellant appealed from jail. The High Court, after hearing the APP, found that the prosecutrix's testimony was credible and trustworthy, and was corroborated by medical evidence and the CA report. The court held that there was no reason to interfere with the findings of the trial court and dismissed the appeal.
Headnote
A) Criminal Law - Gang Rape - Section 376(g) IPC - Conviction based on sole testimony of prosecutrix - The prosecutrix's testimony was found to be credible, trustworthy, and corroborated by medical evidence and CA report. The court held that the conviction can be based on the sole testimony of the prosecutrix if it inspires confidence. (Paras 1-4) B) Criminal Law - House Trespass - Section 452 IPC - The accused entered the room of the prosecutrix at night with intent to commit rape. The court upheld the conviction under Section 452 read with Section 34 IPC. (Paras 1-4) C) Criminal Law - Appeal against conviction - The appellant, accused no.2, challenged his conviction. The court found no reason to interfere with the findings of the trial court and dismissed the appeal. (Paras 1-4)
Issue of Consideration
Whether the conviction of the appellant under Sections 376(g) and 452 read with Section 34 of IPC is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Sections 376(g) and 452 read with Section 34 IPC are upheld.
Law Points
- Gang rape
- House trespass
- Conviction based on sole testimony of prosecutrix
- Corroboration by medical evidence
- Section 376(g) IPC
- Section 452 IPC
- Section 34 IPC
