Case Note & Summary
The appellant, Ganesh Palaspagar, was convicted by the Additional Sessions Judge, Amravati for offences under Sections 363, 366, and 376 IPC. The prosecution case was that the appellant kidnapped a 15-year-old girl on 7.12.2011 by promising marriage and raped her. The victim's father lodged a report on 13.12.2011 after the victim returned home. The trial court convicted the appellant based on the victim's testimony and medical evidence. On appeal, the Bombay High Court examined the evidence. The court noted that the prosecution did not produce the victim's birth certificate or school records to prove her age. The medical evidence regarding age estimation was not conclusive. The victim's testimony was inconsistent and lacked corroboration. The court found that the prosecution failed to prove the victim's age below 16 years and that the alleged kidnapping and rape occurred. The court held that the conviction was based on weak evidence and gave the benefit of doubt to the appellant. The appeal was allowed, and the appellant was acquitted of all charges.
Headnote
A) Criminal Law - Kidnapping - Section 363 IPC - Age of Victim - Prosecution failed to prove victim's age below 16 years as birth certificate and school records were not produced; medical evidence of age estimation was not conclusive - Held that conviction under Section 363 IPC cannot be sustained (Paras 7-10). B) Criminal Law - Kidnapping for Marriage - Section 366 IPC - Inducement - Allegation of promise of marriage not corroborated by independent evidence; victim's testimony inconsistent - Held that offence under Section 366 IPC not made out (Paras 11-13). C) Criminal Law - Rape - Section 376 IPC - Consent - Victim's testimony lacked corroboration and was contradictory; medical evidence did not support rape - Held that conviction under Section 376 IPC is unsafe (Paras 14-16).
Issue of Consideration
Whether the prosecution proved beyond reasonable doubt that the victim was below 16 years of age and that the accused kidnapped and raped her.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Age of victim must be proved beyond reasonable doubt
- Inconsistencies in prosecution evidence lead to acquittal
- Benefit of doubt to accused
- Corroboration of victim's testimony required in sexual offences
