Case Note & Summary
The appellant, Tillam Nalbahaddur Singh, was convicted by the Additional Sessions Judge, Greater Bombay, on 25 February 2013 in Sessions Case No. 452 of 2011 for an offence punishable under Section 377 of the Indian Penal Code, 1860 (IPC). He was sentenced to seven years of rigorous imprisonment and a fine of Rs. 25,000, with a default sentence of six months simple imprisonment. The case arose from an allegation that the appellant sexually abused a minor girl, the daughter of the complainant, Mrs. Nirmala Tyagi, on 3 February 2011 at Kalina Education Society School. The prosecution examined ten witnesses, including the victim's mother (PW1), the doctor (PW3), and other witnesses. The appellant appealed against the conviction. The High Court noted that the complainant's brother, Santosh Jaiswal, had a prior altercation with the appellant on 28 January 2011 during the school's Annual Day function, where the appellant objected to Santosh's entry without a pass. Santosh pelted stones and threatened the appellant. The court found that this prior enmity provided a motive for false implication. The medical evidence from PW3, Dr. Pradnya Supe, indicated that the victim did not give a history of sexual assault; the history was given by the mother. The court observed inconsistencies in the prosecution's case and held that the prosecution failed to prove the guilt of the appellant beyond reasonable doubt. The appeal was allowed, the conviction was set aside, and the appellant was acquitted. The fine, if paid, was directed to be refunded.
Headnote
A) Criminal Law - Unnatural Offences - Section 377 IPC - Conviction based on uncorroborated testimony of child victim - Prior enmity between complainant's family and appellant established - Court held that the prosecution failed to prove guilt beyond reasonable doubt, as the victim's testimony was inconsistent and the medical evidence did not support the allegation of sexual assault. The appeal was allowed and the conviction was set aside. (Paras 1-9) B) Evidence Law - Child Witness - Credibility - Inconsistencies and motive for false implication - Court held that where there is a clear motive for false implication due to prior enmity, the testimony of the child witness must be scrutinized with caution. In the absence of corroboration and in light of contradictions, the benefit of doubt must be given to the accused. (Paras 3-9)
Issue of Consideration
Whether the conviction of the appellant under Section 377 of the Indian Penal Code, 1860 is sustainable in law given the inconsistencies in the prosecution evidence and the existence of a motive for false implication.
Final Decision
The appeal is allowed. The conviction and sentence imposed by the Additional Sessions Judge, Greater Bombay, vide judgment and order dated 25 February 2013 in Sessions Case No. 452 of 2011 are set aside. The appellant is acquitted of the offence punishable under Section 377 of the Indian Penal Code. The fine, if paid, be refunded to the appellant.
Law Points
- Section 377 IPC
- unnatural sex
- child sexual abuse
- motive for false implication
- prior enmity
- lack of corroboration
- benefit of doubt
