Case Note & Summary
The appellant, Devidas s/o Ragho Koli, was convicted by the learned Additional Sessions Judge, Amalner, in Sessions Case No. 30 of 2010 for offences under Sections 376, 324, and 506 of the Indian Penal Code. He was sentenced to rigorous imprisonment for 10 years for rape, 3 years for causing hurt with a dangerous weapon (axe), and 7 years for criminal intimidation, with fines and default sentences, all sentences to run concurrently. The prosecution case was that on 12.5.2010 at about 8.00 a.m., the prosecutrix, Anusayabai Shamrao Wagh, aged about 70 years, went to the Tapi river for a bath. After bathing, while returning home around 10.30 a.m., she lost her way. She saw the appellant cutting branches of a tree and asked him for directions. Instead, the appellant pressed her mouth and throat, asked her to show her private parts, and committed rape upon her. Despite her pleas that he was like her son, he did not stop. He then struck her leg with an axe and threatened to kill her if she disclosed the incident. The prosecutrix was later found by PW6 Sakhubai and Kokilabai, who brought her home and took her to the Government Cottage Hospital, Chopda. PW7 API Ramesh Bawa recorded her statement, which was treated as the complaint (Exh.20). The appellant challenged his conviction on the ground that the evidence was insufficient and that there were contradictions in the prosecution case. The High Court, after hearing both sides, examined the evidence. The court noted that the prosecutrix's testimony was consistent and credible, and that minor contradictions did not affect the core of the prosecution case. The medical evidence and the circumstances corroborated her version. The court held that the conviction was well-founded and dismissed the appeal, upholding the sentences imposed by the trial court.
Headnote
A) Criminal Law - Rape - Conviction on Sole Testimony of Prosecutrix - Corroboration not essential - The court held that the testimony of the prosecutrix, if found credible and trustworthy, is sufficient to base a conviction for rape even without corroboration. Minor contradictions and inconsistencies do not discredit the prosecution case. (Paras 6-8) B) Criminal Law - Sentencing - Rape of Elderly Woman - Aggravated Offence - The appellant was convicted for rape of a 70-year-old woman, causing hurt with an axe, and criminal intimidation. The court upheld the sentence of 10 years RI under Section 376 IPC, 3 years RI under Section 324 IPC, and 7 years RI under Section 506 IPC, to run concurrently. (Paras 3, 9)
Issue of Consideration
Whether the conviction of the appellant under Sections 376, 324, and 506 of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
Appeal dismissed. Conviction and sentences under Sections 376, 324, and 506 IPC upheld.
Law Points
- Rape conviction upheld on sole testimony of prosecutrix if credible
- Corroboration not essential in rape cases
- Minor contradictions do not discredit prosecution case
- Section 376 IPC
- Section 324 IPC
- Section 506 IPC
