Case Note & Summary
The appellants, Sonu Babu Pival and Kanta Sonu Pival, were convicted by the Sessions Judge, Pune on 14.8.1996 in Sessions Case No.379 of 1995. They were acquitted of offences under Sections 376, 342, and 506 of the Indian Penal Code, 1860 (IPC) but convicted under Section 323 IPC. Appellant No.1 Sonu was sentenced to six months rigorous imprisonment and a fine of Rs.300, while appellant No.2 Kanta was released on a personal bond of Rs.1,000 for one year. The prosecution case was that the prosecutrix Sangita, a niece of appellant No.2, was brought to Pune after her grandmother's death. Appellant No.1 Sonu, who was unemployed, allegedly raped her repeatedly over two months, resulting in pregnancy. When appellant No.2 Kanta discovered the pregnancy, she beat Sangita. Sangita later had a miscarriage. The appellants challenged their conviction under Section 323 IPC. The High Court, after examining the evidence, found that the prosecution had proved that the appellants caused hurt to Sangita. The court noted that the conviction under Section 323 IPC was based on the testimony of the prosecutrix and medical evidence, and there was no reason to interfere with the finding of the trial court. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Simple Hurt - Section 323 Indian Penal Code, 1860 - Conviction despite acquittal for graver offences - The appellants were acquitted of rape, wrongful confinement, and criminal intimidation but convicted for voluntarily causing hurt to the prosecutrix. The High Court held that the evidence of the prosecutrix and medical evidence supported the finding of hurt, and the conviction under Section 323 IPC was sustainable. (Paras 1-4) B) Criminal Law - Appreciation of Evidence - Testimony of Prosecutrix - Corroboration - The court relied on the testimony of the prosecutrix and the medical evidence showing injuries, and found that the appellants had caused hurt to the prosecutrix. The conviction under Section 323 IPC was upheld. (Paras 2-4)
Issue of Consideration
Whether the conviction of the appellants under Section 323 of the Indian Penal Code, 1860 is sustainable when they have been acquitted of the graver offences of rape, wrongful confinement, and criminal intimidation.
Final Decision
The appeal is dismissed. The conviction and sentence under Section 323 IPC are upheld.
Law Points
- Conviction under Section 323 IPC can be sustained even if accused are acquitted of graver offences like rape
- when evidence of hurt is clear and corroborated
- Acquittal under Sections 376
- 342
- 506 IPC does not automatically vitiate conviction under Section 323 IPC if the prosecution proves the ingredients of simple hurt beyond reasonable doubt
