Case Note & Summary
The appellant, Sanjay s/o Anna Sose, was convicted by the learned Ad-hoc Additional Sessions Judge, Buldana in Sessions Trial No.89/1998 for an offence punishable under Section 376 of the Indian Penal Code, 1860 and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 5000/-. The appellant challenged the conviction before the Bombay High Court. The prosecution case was that on 15.05.1998, the prosecutrix, aged about 14 years, went to collect firewood in a field. The accused allegedly caught hold of her, gagged her mouth, and committed forcible sexual intercourse. The prosecutrix narrated the incident to her mother, who informed the Police Patil and others. The next day, the prosecutrix's mother lodged an FIR. The trial court convicted the appellant based on the testimony of the prosecutrix and her mother. However, the High Court found material contradictions in the prosecutrix's testimony. She stated that she had gone to the field alone, but her mother stated that she had sent her with Gayabai. The medical evidence did not show any signs of rape, and the doctor opined that the prosecutrix was habitual to sexual intercourse. The High Court held that the prosecution failed to prove the case beyond reasonable doubt. The court noted that the prosecutrix's evidence was not reliable and there was no corroboration. The appeal was allowed, the conviction was set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Rape - Section 376 Indian Penal Code, 1860 - Conviction based on uncorroborated testimony of prosecutrix - The court examined the reliability of the prosecutrix's testimony and found material contradictions and inconsistencies. The medical evidence did not support the allegation of rape. The court held that the prosecution failed to prove the case beyond reasonable doubt and acquitted the accused. (Paras 1-10) B) Evidence Law - Testimony of Prosecutrix - Corroboration - The court held that while the testimony of a prosecutrix in a rape case can be the sole basis for conviction, it must be reliable and trustworthy. In this case, the prosecutrix's evidence was found to be inconsistent and not corroborated by medical evidence, leading to acquittal. (Paras 5-9)
Issue of Consideration
Whether the conviction of the appellant under Section 376 of the Indian Penal Code, 1860 is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of offence under Section 376 IPC. Fine, if paid, to be refunded.
Law Points
- Rape conviction requires reliable and consistent testimony of prosecutrix
- corroboration by medical evidence
- benefit of doubt when prosecution case suffers from contradictions
