Case Note & Summary
The appellant, Arvind Bhagwant Datal, was convicted by the Additional Sessions Judge, Latur, for offences under Sections 376 and 342 of the Indian Penal Code for raping a 13-year-old girl, Mohini, in his kirana shop on 3 January 2009. The victim had gone to the shop to purchase snacks when the accused pulled her inside, closed the door, and forcibly committed rape. The victim's mother, Ranjana, learned of the incident from a neighbour who saw the victim washing blood-stained clothes. The mother lodged a complaint at Latur (Rural) police station on 4 January 2009 at 1:15 a.m., leading to registration of C.R. No. 2 of 2009. The victim was medically examined, and her clothes were seized. The trial court convicted the appellant and sentenced him to 7 years rigorous imprisonment for rape and 1 year for wrongful confinement, with fines. The appellant appealed to the Bombay High Court, challenging the conviction. The High Court examined the evidence, including the victim's testimony, medical evidence showing recent sexual intercourse and injuries, and the prompt FIR. The court found the victim's testimony credible and corroborated, and upheld the conviction, dismissing the appeal. The court also affirmed the direction to pay the fine amount as compensation to the victim under Section 357(1) CrPC.
Headnote
A) Criminal Law - Rape of Minor - Corroboration of Victim Testimony - Section 376 Indian Penal Code, 1860 - The victim's testimony was found to be trustworthy and corroborated by medical evidence showing recent sexual intercourse and injuries, and by the prompt lodging of FIR. The court held that the conviction was proper and the appeal was dismissed. (Paras 1-10) B) Criminal Law - Wrongful Confinement - Section 342 Indian Penal Code, 1860 - The accused wrongfully confined the victim in his shop before committing rape. The conviction under Section 342 IPC was upheld. (Paras 1-10) C) Criminal Procedure - Compensation to Victim - Section 357(1) Code of Criminal Procedure, 1973 - The trial court directed that the fine amount be paid to the victim as compensation. The High Court upheld this direction. (Para 1)
Issue of Consideration
Whether the conviction of the appellant under Sections 376 and 342 of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence under Sections 376 and 342 IPC are upheld.
Law Points
- Rape of minor
- Corroboration of victim testimony
- Medical evidence
- Section 376 IPC
- Section 342 IPC
- Compensation under Section 357 CrPC
