Case Note & Summary
The appellant, Ashish Anant Parab, was convicted by the Additional Sessions Judge, Greater Mumbai at Sewree in Sessions Case No. 42 of 2009 for offences under Section 376(2)(f) (rape of a minor) and Section 450 (house trespass) of the Indian Penal Code, 1860 (IPC). He was sentenced to rigorous imprisonment for ten years and a fine of Rs. 1000 for the first count, and three years rigorous imprisonment with a fine of Rs. 500 for the second count, with default sentences. He was acquitted of the charge under Section 324 IPC. The prosecution case was that on 6 October 2008 at around 12:30 a.m., the prosecutrix, a four-year-old girl, was sleeping in her house with her brothers. Her mother, PW1 Rehana Shaikh, was outside. The accused entered the house, removed the prosecutrix's underwear, and raped her, causing bleeding. The child's cries attracted neighbors, who caught the accused. The mother and other witnesses saw the accused being apprehended. The child was taken to the hospital, and medical evidence confirmed injuries to her private parts. The appellant appealed against the conviction. The High Court of Bombay, in Criminal Appeal No. 809 of 2010, heard the matter. The appellant's counsel argued that the evidence was insufficient and that the prosecutrix's testimony was not reliable. The state argued that the testimony was consistent and corroborated by medical evidence. The court analyzed the evidence, noting that the prosecutrix, though a child, gave a consistent account and identified the accused. The medical evidence showed an injury to the hymen and bleeding, supporting the rape allegation. The court held that the testimony of the prosecutrix, even without corroboration, can be the basis of conviction if found reliable, and in this case, it was corroborated. The court also held that the accused's entry into the house with intent to commit rape constituted house trespass under Section 450 IPC. The court dismissed the appeal and upheld the conviction and sentences.
Headnote
A) Criminal Law - Rape of Minor - Section 376(2)(f) IPC - Testimony of Prosecutrix - The prosecutrix, a minor aged 4 years, gave consistent testimony supported by medical evidence showing injuries to her private parts. The court held that the testimony of the prosecutrix, even without corroboration, can be the basis of conviction if found reliable, and in this case, it was corroborated by medical evidence and the immediate disclosure to her mother. (Paras 2-10) B) Criminal Law - House Trespass - Section 450 IPC - Trespass with Intent to Commit Offence - The accused entered the house of the prosecutrix at midnight and committed rape. The court held that the act of entering the house with intent to commit rape constitutes house trespass under Section 450 IPC, and the conviction was upheld. (Paras 2-10) C) Evidence Law - Corroboration - Medical Evidence - The medical evidence, including the injury to the hymen and bleeding, corroborated the prosecutrix's version of rape. The court held that medical evidence is not a sine qua non for conviction in rape cases, but when available, it strengthens the prosecution case. (Paras 5-8)
Issue of Consideration
Whether the conviction of the appellant under Sections 376(2)(f) and 450 IPC is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentences under Sections 376(2)(f) and 450 IPC are upheld.
Law Points
- Rape of minor
- house trespass
- conviction upheld
- medical evidence corroboration
- testimony of prosecutrix
- Section 376(2)(f) IPC
- Section 450 IPC
