Case Note & Summary
The appellant, Martand Ramchandra Lohkare, was convicted by the Additional Sessions Judge, Pune for offences under Sections 376 (rape), 451 (house-trespass), and 506 (criminal intimidation) of the Indian Penal Code, 1860. The prosecution alleged that in June and July 1991, the appellant, a nephew of the victim's stepmother, forcibly committed sexual intercourse with the prosecutrix on multiple occasions when she was alone at home, promising to marry her and threatening her with death if she disclosed the incidents. The prosecutrix became pregnant and delivered a male child by caesarean section in March 1992. The FIR was lodged on 23 March 1992, about 20 days after delivery. The appellant pleaded not guilty, claiming enmity and false implication. The trial court convicted him, sentencing him to 5 years RI for rape, 3 months RI for house-trespass, and 6 months RI for criminal intimidation. The appellant appealed to the Bombay High Court. The High Court found several inconsistencies in the prosecution evidence, including the delay in lodging the FIR and lack of corroboration. The court held that the prosecution failed to prove the appellant's guilt beyond reasonable doubt and allowed the appeal, setting aside the conviction and sentence.
Headnote
A) Criminal Law - Rape - Conviction based on sole testimony of prosecutrix - Delay in FIR - Inconsistencies in evidence - Held that the prosecution failed to prove guilt beyond reasonable doubt; appeal allowed and conviction set aside (Paras 2-4).
Issue of Consideration
Whether the conviction of the appellant under Sections 376, 451, and 506 of the Indian Penal Code, 1860 is sustainable in light of inconsistencies in the prosecution evidence and delay in lodging the FIR.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Rape conviction requires corroboration of prosecutrix testimony in case of delay in FIR
- benefit of doubt when evidence is inconsistent
- delay in FIR not fatal if satisfactorily explained but must be weighed against possibility of false implication
