Case Note & Summary
The case involves an appeal and a revision arising from the same judgment. The appellant, Tukaram Govind Yadav, was convicted by the Additional Sessions Judge, Kolhapur, for the offence of attempt to rape under Section 376 read with Section 511 of the Indian Penal Code (IPC) and was sentenced to one year simple imprisonment and a fine of Rs.300. The victim was a nine-year-old girl, Ujwala, who was playing outside the accused's house on 27 October 1995. The accused allegedly drove away the other children and took Ujwala into his house, where he laid her on a cot and attempted to commit rape. The first informant, Parvatibai Yadav (the victim's grandmother), witnessed the incident and raised an alarm. The accused fled. The trial court convicted the accused based on the testimony of the victim, her grandmother, and medical evidence. The accused appealed against the conviction, while the victim's grandmother filed a revision seeking enhancement of the sentence. The High Court examined the evidence and found that the prosecution had proved its case beyond reasonable doubt. The court noted that the victim's testimony was corroborated by her grandmother and the medical report. However, considering the young age of the accused (19 years) and the fact that he had already undergone about 15 days of imprisonment, the court reduced the sentence to the period already served. The court also directed that the fine amount be paid to the victim as compensation. The appeal was dismissed, and the revision was partly allowed.
Headnote
A) Criminal Law - Attempt to Rape - Section 376 read with Section 511 Indian Penal Code, 1860 - Conviction upheld - Accused took a nine-year-old girl into his house, laid her on a cot, and attempted to commit rape - Medical evidence and testimony of witnesses corroborated the prosecution case - Held that the trial court correctly convicted the accused for attempt to rape (Paras 1-5). B) Sentencing - Reduction of Sentence - Section 360 Code of Criminal Procedure, 1973 - Probation of Offenders Act, 1958 - Accused was 19 years old at the time of incident and had already undergone about 15 days of imprisonment - Considering his young age and period of incarceration, sentence reduced to the period already served - Held that the sentence of one year rigorous imprisonment was modified to the period already undergone (Paras 6-7).
Issue of Consideration
Whether the conviction under Section 376 read with Section 511 IPC is sustainable and whether the sentence imposed is adequate or excessive.
Final Decision
The appeal is dismissed. The conviction under Section 376 read with Section 511 IPC is upheld. The revision is partly allowed. The sentence is reduced to the period already undergone (about 15 days). The fine amount of Rs.300 is directed to be paid to the victim as compensation.
Law Points
- Attempt to rape
- Section 376 read with Section 511 IPC
- Minor victim
- Sentence reduction
- Probation of Offenders Act
- Section 360 CrPC
