Case Note & Summary
The appellant, Nitin Shamrao Patil, was convicted by the Additional Sessions Judge, Islampur, for offences under Sections 376 and 506 of the Indian Penal Code, 1860, and sentenced to seven years rigorous imprisonment for rape and two years for criminal intimidation. The appellant appealed to the Bombay High Court. The prosecution case was that on 13 August 2013, the appellant, brother-in-law of the prosecutrix, forcibly raped her at her house after returning under the pretext of asking for water. The prosecutrix lodged an FIR the next day. The trial court convicted the appellant. On appeal, the High Court scrutinized the evidence and found material contradictions between the FIR, the testimony of the prosecutrix, and the evidence of other witnesses, including Sandip Jadhav. The court noted that the prosecutrix's version was inconsistent regarding the time of the incident and the presence of others. The medical evidence did not support the rape allegation. The court held that the prosecution failed to prove its case beyond reasonable doubt and that the appellant was entitled to the benefit of doubt. The appeal was allowed, the conviction and sentence were set aside, and the appellant was directed to be released forthwith unless required in any other case.
Headnote
A) Criminal Law - Rape - Section 376 Indian Penal Code, 1860 - Conviction based on sole testimony of prosecutrix - Appeal against conviction - Court examined contradictions in evidence of prosecutrix and other witnesses - Held that material contradictions and lack of independent corroboration render prosecution case doubtful - Accused entitled to benefit of doubt (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 376 IPC is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. Directed to be released forthwith unless required in any other case.
Law Points
- Rape conviction requires corroboration of prosecutrix testimony
- material contradictions in evidence lead to acquittal
- benefit of doubt to accused
