Case Note & Summary
The appellant, Ramkisan Surajmal Harijan, was convicted by the Additional Sessions Judge, Greater Mumbai, in Sessions Case No. 330 of 2006 for the offence punishable under Section 377 of the Indian Penal Code (IPC) and sentenced to 10 years rigorous imprisonment and a fine of Rs. 5,000. He was acquitted of offences under Sections 363 and 376(2)(f) IPC. The appellant appealed against his conviction. The prosecution case was that on 10 January 2006, the appellant, a neighbour known to the complainant's family, took the 10-month-old victim on the pretext of playing with her. He took her to a lonely place near a parked truck and inserted his penis into her anus, causing severe injuries. The mother (PW1) heard the child crying, saw the appellant running away, and found the child bleeding from her vagina and anus. The child was taken to Shatabdi Hospital and then referred to Lokmanya Tilak Hospital, Sion. The medical examination revealed multiple cuts on the anal canal, two of which were muscle deep. The appellant was arrested and charged. The trial court convicted him under Section 377 IPC. The High Court, on appeal, examined the evidence of PW1 (mother), PW2 (neighbour), and the medical evidence. The court found the testimony of PW1 credible and corroborated by the medical evidence. The court noted that the appellant was known to the family and had taken the child away. The injuries were consistent with forcible anal penetration. The court held that the prosecution had proved its case beyond reasonable doubt under Section 377 IPC. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Unnatural Offences - Section 377 IPC - Conviction for unnatural sex with infant - The appellant was convicted under Section 377 IPC for inserting his penis into the anus of a 10-month-old female child, causing severe injuries. The court upheld the conviction based on the testimony of the mother (PW1), medical evidence showing anal injuries, and the appellant's presence at the scene. The acquittal under Sections 363 and 376(2)(f) IPC was not challenged. (Paras 1-10)
Issue of Consideration
Whether the conviction of the appellant under Section 377 of the Indian Penal Code for committing unnatural sex with a 10-month-old infant is sustainable on the basis of the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence imposed by the trial court under Section 377 IPC are upheld.
Law Points
- Unnatural offence
- Section 377 IPC
- child victim
- medical evidence corroboration
- conviction upheld
