Case Note & Summary
The appellant, Soma Balkrushna Dadore, was convicted by the 4th Additional Sessions Judge, Nagpur, for offences under Section 376 IPC (rape) and Section 506 IPC (criminal intimidation) and sentenced to rigorous imprisonment for five years and one year respectively, with fines. He was acquitted of the charge under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The prosecution alleged that on 3 February 1997, the prosecutrix, a 14-year-old girl, was called by the accused to work in his field, where he forcibly raped her and threatened to kill her if she disclosed the incident. The prosecutrix reported the matter to her mother and later to the police. The trial court convicted the accused based on the testimony of the prosecutrix and other witnesses. On appeal, the High Court examined the evidence and found several inconsistencies and contradictions. The medical evidence did not support rape, as no injuries were found on the prosecutrix or the accused, and the hymen was intact with no signs of recent intercourse. The delay in filing the FIR was not satisfactorily explained. The court held that the testimony of the prosecutrix was not reliable and lacked corroboration. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the accused was acquitted.
Headnote
A) Criminal Law - Rape - Section 376 Indian Penal Code, 1860 - Conviction based on sole testimony of prosecutrix - Held that testimony must be reliable and corroborated by medical evidence; inconsistencies and contradictions render conviction unsafe (Paras 1-10). B) Criminal Law - Criminal Intimidation - Section 506 Indian Penal Code, 1860 - Threat to kill - Held that where the main charge of rape fails, the charge of criminal intimidation also fails as it is ancillary (Para 10). C) Evidence Law - Medical Evidence - Corroboration - Absence of injuries on victim or accused - Held that medical evidence not supporting rape is a significant factor in disbelieving the prosecution case (Paras 7-9).
Issue of Consideration
Whether the conviction of the appellant under Section 376 IPC and Section 506 IPC is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Rape conviction requires corroboration of prosecutrix testimony
- medical evidence inconsistent with rape
- delay in FIR filing unexplained
- contradictions in evidence lead to acquittal
