Case Note & Summary
The appellant, Rajkumar Biralal Chakravarti, was convicted by the trial court for offences under Sections 376(2)(n) and 506 of the Indian Penal Code (IPC) and sentenced to rigorous imprisonment for 10 years and 1 year respectively, with fines. The prosecution case was that the appellant, who was known to the victim (a maid servant), repeatedly raped her over a period, resulting in pregnancy. The victim reported the matter to her employer, who took her to the police station. The FIR was registered, and investigation led to the appellant's arrest. The trial court convicted the appellant based on the victim's testimony and medical evidence. The appellant appealed, arguing that the victim's testimony was unreliable and that there were contradictions. The High Court examined the evidence, noting that the victim's testimony was consistent and credible, and that minor contradictions did not undermine the prosecution case. The court held that the conviction was sustainable and dismissed the appeal.
Headnote
A) Criminal Law - Rape - Section 376(2)(n) IPC - Conviction based on victim's testimony - The victim's testimony was found to be credible and trustworthy, and minor contradictions did not affect the core of the prosecution case - Held that conviction can be based on the sole testimony of the victim if it inspires confidence (Paras 1-10). B) Criminal Law - Criminal Intimidation - Section 506 IPC - Threat of dire consequences - The victim deposed that the appellant threatened her with dire consequences if she disclosed the incident - Held that the offence of criminal intimidation is made out (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Sections 376(2)(n) and 506 of the IPC is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Sections 376(2)(n) and 506 IPC are upheld.
Law Points
- Rape conviction
- Criminal intimidation
- Testimony of victim
- Corroboration
- POCSO Act
- Indian Penal Code
