Case Note & Summary
The appellant, Ajaysingh Kuvarsingh Dahiya, was convicted by the Additional Sessions Judge, Gr. Bombay, for offences under Section 376(2) (rape) and Section 506(II) (criminal intimidation) of the Indian Penal Code, and sentenced to 7 years rigorous imprisonment for rape and 1 year for criminal intimidation. The victim, a 10-year-old girl, was entrusted to the appellant's care after her parents separated. The appellant sexually abused her multiple times at his residence in Delhi and later in Mumbai, where she was brought in 2010. The abuse was discovered when a friend of the appellant's second wife, Sonia, informed her. Sonia confronted the victim, who confirmed the abuse. The victim was taken to a hospital and then to the National Health Organisation, where she narrated the incidents. The prosecution relied on the victim's testimony, medical evidence showing healed hymenal tears, and other corroborative evidence. The appellant challenged the conviction on appeal, arguing that the evidence was insufficient. The High Court, per Justice Sadhana S. Jadhav, examined the evidence and found the victim's testimony credible and consistent, corroborated by medical reports. The court noted that the appellant was in a position of trust and had exploited the victim. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Rape of Minor - Section 376(2) IPC - Conviction - The appellant was convicted for repeatedly raping a 10-year-old girl entrusted to his care. The victim's testimony was found credible and corroborated by medical evidence showing healed hymenal tears. The court upheld the conviction, holding that the prosecution proved its case beyond reasonable doubt (Paras 1-10). B) Criminal Law - Criminal Intimidation - Section 506(II) IPC - The appellant was also convicted for threatening the victim with dire consequences if she disclosed the abuse. The court found the evidence sufficient to sustain this conviction (Para 1). C) Evidence Law - Child Witness - Credibility - The testimony of the child victim was considered reliable despite her young age, as she consistently narrated the incidents and her evidence was corroborated by medical findings (Paras 5-8).
Issue of Consideration
Whether the conviction of the appellant under Sections 376(2) and 506(II) of the Indian Penal Code is sustainable based on the evidence of the victim and medical reports.
Final Decision
Appeal dismissed. Conviction and sentence under Sections 376(2) and 506(II) IPC upheld.
Law Points
- Conviction under Section 376(2) IPC for rape of a minor
- Section 506(II) IPC for criminal intimidation
- credibility of child witness
- medical evidence corroborating sexual assault
- presumption under Section 114A of Indian Evidence Act
- 1872
