Case Note & Summary
The State of Maharashtra appealed against the acquittal of five accused persons charged with gang rape under Section 376(g) of the Indian Penal Code. The prosecution relied on the testimony of the prosecutrix (PW1 Manisha), her parents, a shopkeeper who sold condoms to the accused, and medical evidence. The trial court acquitted the accused, finding the prosecutrix's testimony unreliable due to inconsistencies and lack of corroboration. The High Court, hearing the appeal, examined the record and noted that the medical evidence did not support the allegation of intercourse. The prosecutrix's version contained contradictions regarding the number of accused and the use of condoms. The court held that the trial court's acquittal was not perverse and dismissed the appeal, affirming the acquittal.
Headnote
A) Criminal Law - Gang Rape - Section 376(g) Indian Penal Code, 1860 - Appeal against acquittal - Prosecution case based on testimony of prosecutrix and parents - Medical evidence did not support allegations of intercourse - Inconsistencies in prosecutrix's version regarding number of accused and use of condoms - Held that acquittal was not perverse and no interference warranted (Paras 1-5).
Issue of Consideration
Whether the trial court's acquittal of the accused for gang rape under Section 376(g) IPC was perverse and liable to be set aside.
Final Decision
The High Court dismissed the appeal and affirmed the acquittal of the accused.
Law Points
- Appeal against acquittal
- Gang rape
- Section 376(g) IPC
- Appreciation of evidence
- Testimony of prosecutrix
- Corroboration
- Medical evidence
- Inconsistencies
- Benefit of doubt
Case Details
2011 LawText (BOM) (08) 134
Criminal Appeal No.544 of 2003
M.J. Khan (Addl. Public Prosecutor for appellant), P.B. Patil (Adv. for respondents)
The State of Maharashtra, through the Police Station Officer, Buldana
Suresh @ Bhaskar Dashrath Gawai, Milind Wamanrao Jadhav, Santosh Ashruji Ghule, Sanjay Sadashiv Jadhav, Rajesh Laxman Gawai
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Nature of Litigation
State appeal against acquittal in a gang rape case
Remedy Sought
The State sought conviction of the accused for gang rape under Section 376(g) IPC.
Filing Reason
The State appealed against the trial court's acquittal of the accused.
Previous Decisions
The trial court acquitted the accused of the charge of gang rape.
Issues
Whether the trial court's acquittal was perverse and liable to be set aside.
Submissions/Arguments
Learned APP argued for the State that the prosecution had proved its case beyond reasonable doubt.
Learned counsel for the respondents argued that the acquittal was proper and based on evidence.
Ratio Decidendi
The trial court's acquittal was not perverse as the prosecutrix's testimony was inconsistent and not corroborated by medical evidence, warranting no interference in appeal.
Judgment Excerpts
This is a State appeal against acquittal.
Prosecution has relied upon different witnesses, i.e., parents of prosecutrix Manisha, and the victim – Manisha, apart from the shopkeeper who had sold condoms to the accused persons, the Medical Officer etc.
PW 1 – Manisha narrates entire incident which tends to prove the alleged gang rape.
Procedural History
The accused were tried for gang rape under Section 376(g) IPC and acquitted by the trial court. The State appealed against the acquittal to the High Court.
Acts & Sections
- Indian Penal Code, 1860: 376(g)
