Case Note & Summary
The appellant, Aannaso Shripal Bukade, was convicted by the Additional Sessions Judge-2, Kolhapur in Sessions Case No.159 of 2006 for offences under Section 376 of the Indian Penal Code (IPC) and Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC & ST Act). The case against the accused was that on 26th August 2006 at about 5 p.m., when the victim girl was going into the field to fetch drinking water, the accused dragged her and committed rape on her, and that he violated her under the SC & ST Act. The prosecution examined eight witnesses, including the prosecutrix and her mother. The trial court convicted the appellant and sentenced him to rigorous imprisonment. The appellant challenged the conviction before the Bombay High Court. The High Court, after analyzing the evidence, found that the testimony of the prosecutrix was inconsistent and not wholly reliable. The court noted material contradictions in her evidence and the lack of corroboration. The court also observed that the prosecution failed to prove that the offence was committed on account of the victim's caste, which is essential for an offence under the SC & ST Act. Consequently, the High Court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant, giving him the benefit of doubt.
Headnote
A) Criminal Law - Rape - Section 376 Indian Penal Code, 1860 - Conviction based on sole testimony of prosecutrix - Inconsistencies in evidence - Court held that where the testimony of the prosecutrix is not wholly reliable and there are material contradictions, the accused is entitled to benefit of doubt (Paras 1-10). B) Criminal Law - Atrocities - Section 3(1)(xi) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Offence under SC/ST Act - Prosecution must prove that the offence was committed on account of victim's caste - In absence of such evidence, conviction cannot be sustained (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 376 IPC and Section 3(1)(xi) of the SC & ST Act is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Rape
- SC/ST Act
- Inconsistent evidence
- Benefit of doubt
- Corroboration
- Prosecution failure
