Case Note & Summary
The appellant, Jagdish Balaram Narangikar, was convicted by the trial court for offences under Section 354 read with Section 376(2)(f) read with Section 511 of the Indian Penal Code (IPC) and sentenced to two years rigorous imprisonment for the first offence and life imprisonment for the second, with fines. The case arose from an incident on 8 September 2002, when the complainant (PW-1) alleged that the appellant took her minor daughter Ridhi to his room and sexually assaulted her. The FIR was lodged on 16 September 2002, after an 8-day delay. The High Court, on appeal, examined the evidence of PW-1 (the mother) and PW-2 (the victim). The court noted significant inconsistencies: PW-1 stated she went to the accused's room multiple times over 30-40 minutes but did not enter; the victim (PW-2) testified that her mother was present in the room and saw the accused assaulting her. The medical evidence did not support the prosecution's case. The court held that the delay in FIR was not satisfactorily explained, and the contradictions in the testimonies created reasonable doubt. Consequently, the High Court allowed the appeal, set aside the conviction, and acquitted the appellant.
Headnote
A) Criminal Law - Rape and Attempt to Rape - Delay in FIR - Inconsistencies in Evidence - The appellant was convicted under Section 354 read with 376(2)(f) r/w Section 511 IPC for alleged sexual assault on a minor. The High Court found material inconsistencies in the testimony of the complainant (PW-1) and the victim (PW-2), and unexplained delay of 8 days in lodging FIR. Held that the prosecution failed to prove the case beyond reasonable doubt, and the appellant is entitled to acquittal (Paras 2-6).
Issue of Consideration
Whether the conviction of the appellant under Section 354 read with 376(2)(f) r/w Section 511 IPC is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted of all charges. Fine, if paid, to be refunded.
Law Points
- Delay in FIR
- Inconsistencies in evidence
- Benefit of doubt
- Section 354 IPC
- Section 376(2)(f) IPC
- Section 511 IPC
