Case Note & Summary
The appellant, Vijay Ramrao Mohod, was convicted by the 2nd Ad hoc Additional Sessions Judge, Amravati in Sessions Trial No.14/2005 for offences under Sections 452, 376, and 506 of the Indian Penal Code (IPC). He was sentenced to rigorous imprisonment for two years, seven years, and six months respectively, along with fines. The victim (PW1) alleged that on 21.08.2004, while she was alone at home, the appellant forcibly entered and raped her, and repeated the act 8-10 days later. She claimed she did not report earlier due to threats. The pregnancy was discovered later, and after failed settlement talks, the FIR was lodged on 28.10.2004. The High Court examined the evidence and found significant inconsistencies. The victim's testimony contradicted the FIR regarding the date of the first incident (21.08.2004 vs. 28.08.2004) and the presence of a neighbour. The delay of over two months in filing the FIR was not adequately explained. The court held that the prosecution failed to prove the case beyond reasonable doubt, and the appellant was entitled to the benefit of doubt. The appeal was allowed, and the conviction and sentence were set aside.
Headnote
A) Criminal Law - Rape - Sections 376, 452, 506 IPC - Conviction set aside - The appellant was convicted for house trespass, rape, and criminal intimidation. The High Court found material inconsistencies in the victim's testimony and the FIR, including contradictions regarding the date of the incident and the presence of neighbours. The delay in lodging the FIR was not satisfactorily explained. Held that the prosecution failed to prove the case beyond reasonable doubt, and the appellant is entitled to acquittal (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Sections 452, 376, and 506 of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
The appeal is allowed. The judgment and order of conviction passed by the 2nd Ad hoc Additional Sessions Judge, Amravati in Sessions Trial No.14/2005 dated 17.12.2005 is quashed and set aside. The appellant is acquitted of all charges. His bail bonds stand cancelled.
Law Points
- Rape
- Criminal trespass
- Criminal intimidation
- Delay in FIR
- Inconsistencies in evidence
- Benefit of doubt
