Case Note & Summary
The appellant, Gulabchand Lalman Yadav, was convicted by the Additional Sessions Judge, Greater Bombay, for the offence punishable under Section 376(2)(f) of the Indian Penal Code, 1860, and sentenced to rigorous imprisonment for 5 years and a fine. The prosecution case was that on 15th January 2009, the appellant, a watchman at a school, took a 5-year-old girl (PW3) to an office, made her sit on a table, and poured 'water' from his private part onto her private part. The victim disclosed the incident to her mother (PW2), who informed her father (PW1). The parents found white spots on the victim's underwear and later identified the appellant at the school. The trial court convicted the appellant based on the victim's testimony and medical evidence. On appeal, the High Court examined the evidence and found material inconsistencies in the victim's testimony, including contradictions regarding the time and place of the incident. The court noted that the victim's statement under Section 164 CrPC differed from her court testimony. Additionally, the medical evidence did not conclusively prove sexual assault. 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 ordered to be released forthwith unless required in any other case.
Headnote
A) Criminal Law - Rape - Section 376(2)(f) Indian Penal Code, 1860 - Child Witness - Corroboration - The appeal challenged conviction for sexual assault on a 5-year-old girl. The court found material inconsistencies in the victim's testimony and lack of independent corroboration. Held that the prosecution failed to prove guilt beyond reasonable doubt, and the appellant was entitled to acquittal (Paras 1-17).
Issue of Consideration
Whether the conviction of the appellant under Section 376(2)(f) of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. Ordered to be released forthwith unless required in any other case.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Lack of corroboration
- Child witness testimony
- Section 376(2)(f) IPC
