Case Note & Summary
The appellant, Bhagwan @ Maharu Ragho Koli, was convicted by the Additional Sessions Judge, Dhule, for offences under Section 376(2)(f) and Section 506(i) of the Indian Penal Code (IPC) in Sessions Case No. 114 of 2012, dated 16-01-2014. He was sentenced to rigorous imprisonment for life and a fine of Rs.2000/- for the rape offence, and rigorous imprisonment for two years and a fine of Rs.500/- for criminal intimidation. The incident occurred on 04-03-2012 during a pilgrim fair in village Ner, Dhule. The prosecutrix, an 8-year-old girl, was given a coconut by the appellant and taken to a field where he sexually assaulted her. She returned home weeping with bleeding injuries on her private parts. Her parents took her to the hospital and later filed an FIR. The appellant appealed against the conviction under Section 374 of the Code of Criminal Procedure, 1974. The High Court examined the evidence, including the testimony of the child prosecutrix, her parents, and medical evidence. The court found the child's testimony credible and corroborated by medical reports showing injuries. The court also noted that the appellant was known to the victim. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Rape of Minor - Section 376(2)(f) IPC - Corroboration - The appellant was convicted for raping an 8-year-old girl during a pilgrim fair. The court held that the testimony of the prosecutrix, though a child witness, was reliable and corroborated by medical evidence showing injuries to her private parts. The conviction was upheld. (Paras 1-10) B) Criminal Law - Criminal Intimidation - Section 506 IPC - The appellant was also convicted for threatening the victim. The court found the evidence sufficient to sustain the conviction under Section 506(i) IPC. (Paras 1-10)
Issue of Consideration
Whether the conviction and sentence of the appellant under Sections 376(2)(f) and 506(i) IPC for the rape of an 8-year-old girl is sustainable on the basis of the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Sections 376(2)(f) and 506(i) IPC are upheld.
Law Points
- Rape of minor
- Section 376(2)(f) IPC
- Section 506 IPC
- Corroboration of testimony
- Medical evidence
- Life imprisonment
- Appeal against conviction
