Case Note & Summary
The appellant, Vishal Ramesh Bhalerao, was convicted by the 5th Additional Sessions Judge, Pune in Sessions Case No. 826 of 2012 for offences under Sections 366 and 376 of the Indian Penal Code, 1860, and sentenced to rigorous imprisonment for four years under Section 366 and seven years under Section 376, with a fine. The victim, a 12-year-old girl, alleged that on 9th November 2011, the appellant, a friend of her uncle, took her to a garbage depot under the pretext of meeting her grandmother and raped her. She returned home in torn clothes, disclosed the incident to her aunt and grandmother, and a complaint was lodged. The appellant was arrested on 19th November 2011. The trial court convicted him based on the victim's testimony. On appeal, the Bombay High Court examined the evidence and found several inconsistencies. The victim's testimony varied regarding the date of the incident, the location of the rape, and whether the appellant used an autorickshaw. The medical evidence did not show any signs of recent sexual intercourse, and the delay in filing the FIR was not adequately explained. The court held that the prosecution failed to prove the case beyond reasonable doubt, and the conviction was unsustainable. The appeal was allowed, and the appellant was acquitted of all charges.
Headnote
A) Criminal Law - Rape and Kidnapping - Sections 366, 376 Indian Penal Code, 1860 - Appeal against conviction - The appellant was convicted for kidnapping and raping a 12-year-old girl. The High Court found material inconsistencies in the victim's testimony regarding the date of incident, place of occurrence, and the manner of assault. The medical evidence did not corroborate rape, and the delay in FIR was not satisfactorily explained. Held that the prosecution failed to prove the case beyond reasonable doubt, and the conviction was set aside (Paras 1-15).
Issue of Consideration
Whether the conviction of the appellant under Sections 366 and 376 of the Indian Penal Code, 1860 is sustainable based on the evidence on record.
Final Decision
The appeal is allowed. The conviction and sentence imposed by the 5th Additional Sessions Judge, Pune in Sessions Case No. 826 of 2012 are set aside. The appellant is acquitted of all charges. His bail bonds stand cancelled.
Law Points
- Conviction under Sections 366 and 376 IPC requires proof beyond reasonable doubt
- Inconsistencies in victim's testimony and lack of corroboration lead to acquittal
- Age of victim must be established for kidnapping charge
- Delay in FIR registration not fatal if explained
- Medical evidence must corroborate sexual assault
Case Details
2019 LawText (BOM) (06) 82
Criminal Appeal No. 183 of 2016
Mr. Swapnil Ovalekar for Appellant, Mr. Y.Y. Dabke APP for the State
Mr. Vishal Ramesh Bhalerao
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Nature of Litigation
Criminal appeal against conviction for offences under Sections 366 and 376 IPC.
Remedy Sought
Appellant sought acquittal by setting aside the conviction and sentence imposed by the trial court.
Filing Reason
Appellant was convicted for kidnapping and raping a 12-year-old girl; he appealed challenging the conviction.
Previous Decisions
Trial court convicted the appellant and sentenced him to rigorous imprisonment for four years under Section 366 IPC and seven years under Section 376 IPC, with fine.
Issues
Whether the prosecution proved the case beyond reasonable doubt.
Whether the victim's testimony was reliable and corroborated by medical evidence.
Whether the delay in filing FIR was satisfactorily explained.
Submissions/Arguments
Appellant argued that the victim's testimony was inconsistent and not corroborated by medical evidence, and the delay in FIR was unexplained.
Respondent argued that the victim's testimony was credible and the conviction was justified.
Ratio Decidendi
The prosecution must prove its case beyond reasonable doubt. Inconsistencies in the victim's testimony, lack of corroboration by medical evidence, and unexplained delay in filing FIR render the conviction unsustainable.
Judgment Excerpts
The appellant is convicted for the offences punishable under section 366 of Indian Penal Code and sentenced to suffer rigorous imprisonment for four years.
The appellant is also convicted for the offence punishable under section 376 of Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs. 2,000/.
The victims' father had died when she was a child and her mother had abandoned the children and therefore, her paternal grandmother was looking after victim and her younger sister.
The victim was about 12 years at the time of incident.
The appellant herein was a close friend of the uncle of the victim.
It is the case of the prosecution that on 9th of November 2011 the grandmother of the victim had been to the forest for grazing her goats.
The accused had taken her in an Autorickshaw.
He had then denuded her of her clothes and had ravished her.
She had raised cries but since it was an isolated place, no one had heard her cries.
She had returned home in torn and soiled clothes.
Upon enquiry she had disclosed the trauma that she had gone through at the hands of the accused appellant.
On the basis of her statement Crime No. 287 of 2011 was registered at Chinchwad Police Station for the offence punishable under sections 366 and 376 of Indian Penal Code.
The accused was arrested on 19 of November 2011 and was tried as an under trial prisoner.
Upon completion of investigation the chargesheet was filed on 31st January 2012.
Procedural History
The appellant was convicted by the 5th Additional Sessions Judge, Pune in Sessions Case No. 826 of 2012 on 4th February 2015. He appealed to the Bombay High Court, which heard the appeal and delivered judgment on 4th June 2019.
Acts & Sections
- Indian Penal Code, 1860: 366, 376
