Case Note & Summary
The appellant, Vijay Kisan Kumbhare, was convicted by the 6th Adhoc Additional Sessions Judge, Amravati in Sessions Trial No. 145 of 1999 for offences under Section 376 read with Section 511 IPC (attempt to rape) and Section 324 IPC (causing hurt by dangerous means). He was sentenced to rigorous imprisonment for five years and a fine of Rs.5000 for the attempt to rape, and six months rigorous imprisonment and a fine of Rs.1000 for causing hurt. The victim, a minor girl aged about 7 years, was playing in front of her house on 15th August 1999 (Nagpanchami festival) when the accused, in an inebriated condition, allured her with a packet of biscuits and took her behind the Primary Health Center at Bhatkuli. He removed her knicker, caused bite injuries on her cheek, waist and buttock, and committed sexual intercourse. On hearing her cries, Kishor Chouhan (PW-4) rushed to the spot, removed the accused, and slapped him. He noticed injuries on the victim. The victim and accused were taken to the victim's house, and the victim narrated the incident to her mother Pushpabai (PW-2), who lodged an oral report (Exh.42) at the police outpost. The police registered Crime No. 93 of 1999, arrested the accused, and referred the victim for medical examination. The medical report (Exh.57) showed injuries consistent with sexual assault. The trial court convicted the accused, leading to the present appeal. The High Court examined the evidence of the victim (PW-1), her mother (PW-2), the rescuer (PW-4), and the investigating officer (PW-5). The court found that the victim's testimony was credible and corroborated by medical evidence and the rescuer's testimony. Minor inconsistencies in the victim's statement did not discredit her evidence. The court held that the prosecution had proved the offences beyond reasonable doubt. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Attempt to Rape - Section 376 read with Section 511 Indian Penal Code, 1860 - Conviction upheld - Victim, a minor girl aged 7 years, was allured with biscuits and taken to a secluded place where accused removed her knicker, caused bite injuries on cheek, waist and buttock, and committed sexual intercourse - Rescuer witnessed the act and removed accused - Medical evidence showed injuries consistent with sexual assault - Held that the evidence of victim and rescuer is credible and corroborated by medical evidence, minor inconsistencies do not affect the prosecution case (Paras 2-10). B) Criminal Law - Causing Hurt - Section 324 Indian Penal Code, 1860 - Conviction upheld - Accused caused bite injuries on the victim's cheek, waist and buttock using his teeth, which are dangerous means - Medical evidence confirmed injuries - Held that the act of biting constitutes causing hurt by dangerous means under Section 324 IPC (Paras 2-10). C) Evidence Law - Testimony of Child Witness - Credibility - Minor inconsistencies in the testimony of a child witness do not discredit her evidence if the core of the prosecution case remains consistent and corroborated - Held that the victim's testimony was reliable and corroborated by medical evidence and the rescuer's testimony (Paras 7-10).
Issue of Consideration
Whether the conviction of the appellant for offences under Section 376 read with Section 511 IPC and Section 324 IPC is sustainable based on the evidence on record
Final Decision
The appeal is dismissed. The conviction and sentence recorded by the trial court for offences under Section 376 read with Section 511 IPC and Section 324 IPC are upheld.
Law Points
- Conviction under Section 376 read with Section 511 IPC requires proof of attempt to commit rape with intention and preparation
- minor inconsistencies in victim's testimony do not discredit her evidence
- medical evidence of injuries corroborates sexual assault
- Section 324 IPC for causing hurt with dangerous weapon or means
