Case Note & Summary
The appellant, Mrs. Amina @ Saniya M. Shakil Shaikh, was convicted by the Assistant Sessions Judge, Solapur, for offences under Sections 363, 366A read with 34 of the Indian Penal Code and Section 5 of the Immoral Traffic (Prevention) Act, and sentenced to seven years rigorous imprisonment. The case arose from allegations that the appellant lured the victim, a daily wage labourer, with a promise of better earnings, and eventually introduced her to prostitution, sending her to Mumbai. The victim's mother filed a missing complaint, and the victim was later recovered. The appellant appealed against the conviction. The High Court examined the evidence and found that the victim's testimony was uncorroborated by any independent witness. The victim was an interested witness, and her testimony lacked credibility. The court noted that the prosecution did not examine any independent witnesses to corroborate the victim's version. Consequently, the court held that the conviction was unsustainable and set aside the judgment of the trial court, acquitting the appellant.
Headnote
A) Criminal Law - Corroboration - Victim Testimony - Interested Witness - The conviction based solely on the uncorroborated testimony of the victim, who is an interested witness, is unsustainable - The court held that the evidence of the victim must be corroborated by independent evidence to inspire confidence, especially when the victim is an interested witness (Paras 7-9). B) Criminal Law - Benefit of Doubt - Acquittal - When the prosecution fails to prove its case beyond reasonable doubt, the accused is entitled to benefit of doubt - The court held that the appellant is entitled to acquittal as the prosecution failed to produce independent corroboration (Para 10).
Issue of Consideration
Whether the conviction of the appellant under Sections 363, 366A read with 34 of IPC and Section 5 of Immoral Traffic (Prevention) Act can be sustained solely on the basis of the uncorroborated testimony of the victim who is an interested witness.
Final Decision
The appeal is allowed. The judgment and order of conviction dated 29th October 2014 passed by the Assistant Sessions Judge, Solapur in Sessions Case No. 164 of 2012 is set aside. The appellant is acquitted of all charges. Her bail bonds stand cancelled.
Law Points
- Corroboration of victim testimony in sexual offences
- Interested witness
- Benefit of doubt
- Section 363 IPC
- Section 366A IPC
- Section 5 Immoral Traffic (Prevention) Act
