Case Note & Summary
The appellant, Raju Jaishriram Telgote, was convicted by the Additional Sessions Judge, Akot in Sessions Case No. 64/2015 for offences under Section 376(2)(l) (rape of a mentally challenged woman) and Section 450 (house trespass to commit offence) of the Indian Penal Code. He was sentenced to rigorous imprisonment for ten years and fine for the rape offence, and three years rigorous imprisonment and fine for house trespass. The prosecution case was that on 18-7-2015, the informant PW3 Shubhangi Lanke and her family left for Bhopal, leaving behind two mentally challenged children (the victim, aged 30, and her brother) at home. On 23-7-2015, a neighbour informed PW3 that the victim was crying constantly. PW3 returned on 24-7-2015 and, through signs and language, understood that the appellant had forcibly raped the victim. A report was lodged on 25-7-2015. The victim was examined medically, and the doctor opined that there were signs of recent sexual intercourse. The appellant was arrested. The trial court convicted him. In appeal, the High Court examined the evidence, including the testimony of PW3, who was found credible and consistent. The court noted that the victim's mental condition made it impossible for her to depose, but PW3's understanding of her signs was reliable. The medical evidence corroborated the prosecution case. The court held that the prosecution proved its case beyond reasonable doubt and dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Rape of Mentally Challenged Woman - Section 376(2)(l) Indian Penal Code, 1860 - Conviction upheld where the victim, a mentally challenged woman, was subjected to forcible sexual intercourse by the appellant who entered her house - The court relied on the testimony of the informant (PW3) who understood the victim's signs and language, medical evidence showing recent sexual intercourse, and the appellant's presence at the scene - Held that the prosecution proved its case beyond reasonable doubt (Paras 1-10). B) Criminal Law - House Trespass - Section 450 Indian Penal Code, 1860 - Conviction for house trespass to commit rape upheld - The appellant entered the victim's house with intent to commit rape, as evidenced by the victim's signs and the appellant's presence inside the house - Held that the ingredients of Section 450 were satisfied (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Sections 376(2)(l) and 450 of the Indian Penal Code is sustainable based on the evidence of a mentally challenged victim and other circumstantial evidence.
Final Decision
Appeal dismissed. Conviction and sentence under Sections 376(2)(l) and 450 IPC upheld.
Law Points
- Rape of mentally challenged woman
- Section 376(2)(l) IPC
- Section 450 IPC
- credibility of mentally challenged victim
- circumstantial evidence
- medical evidence corroboration
