Case Note & Summary
The appellant, Eknath Pandurang Koli, was convicted by the learned Sessions Judge, Amalner, in Special Case No. 26 of 2014 for offences under Sections 376(2)(n), 342, 506 of the Indian Penal Code, 1860 and Section 3 read with Section 4 of the Protection of Children from Sexual Offences Act, 2012. He was sentenced to life imprisonment and fines. The appellant appealed under Section 374 of the Code of Criminal Procedure, 1973. The prosecution case was that the appellant, a neighbour, took the 11-year-old prosecutrix to his house, committed rape, and threatened her. The trial court convicted based on the victim's testimony. On appeal, the High Court found the victim's testimony inconsistent and lacking corroboration. The court noted contradictions in her statements regarding the date, time, and details of the incident. The medical evidence did not support the allegations. The court held that the prosecution failed to prove guilt beyond reasonable doubt, and the appellant was entitled to benefit of doubt. The appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Rape and Sexual Assault - Benefit of Doubt - Inconsistent Testimony - The prosecution case rested solely on the testimony of the minor prosecutrix, which was found to be inconsistent and lacking corroboration. The court held that the evidence did not inspire confidence and the accused was entitled to benefit of doubt. (Paras 1-10) B) Protection of Children from Sexual Offences Act, 2012 - Section 3 read with Section 4 - Aggravated Penetrative Sexual Assault - The court found that the prosecution failed to prove the offence beyond reasonable doubt due to contradictions in the victim's statement and absence of medical or other corroborative evidence. (Paras 1-10) C) Indian Penal Code, 1860 - Sections 376(2)(n), 342, 506 - Rape, Wrongful Confinement, Criminal Intimidation - The court set aside the conviction as the evidence was insufficient to establish the charges. (Paras 1-10)
Issue of Consideration
Whether the conviction of the appellant under Sections 376(2)(n), 342, 506 of IPC and Section 3 read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 is sustainable in law.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Benefit of doubt
- Inconsistent testimony
- Lack of corroboration
- Failure to prove guilt beyond reasonable doubt
- Presumption of innocence
