Case Note & Summary
The State of Maharashtra appealed against the acquittal of Prashant Baburao Gawand (respondent/accused) by the IInd Adhoc Addl. Sessions Judge, Raigad, for the offence of rape under Section 376 IPC. The alleged incidents occurred in December 1999 and January 2000, when the prosecutrix, a minor aged about 16 years, worked as a maid in the accused's house. The prosecution alleged that the accused, aware of her consensual relationship with Shailesh Mhatre, threatened to disclose this to her parents and forcibly raped her twice in a standing position. The prosecutrix became pregnant and revealed the incidents to her mother only when rumors spread, leading to an FIR on 20-8-2000. The trial court acquitted the accused, finding the prosecutrix's testimony unreliable and lacking corroboration. The High Court, in appeal, examined the evidence and held that the trial court's findings were not perverse. The court noted that the prosecutrix's version was inconsistent, she did not raise an alarm despite others being present, and the medical evidence did not support forcible intercourse. The delay in filing the FIR and the fact that the prosecutrix was in a consensual relationship with another man cast doubt on the allegations. The court also observed that the age of the prosecutrix was not conclusively proved to be under 16 years at the time of the offence. Consequently, the High Court dismissed the appeal, upholding the acquittal.
Headnote
A) Criminal Law - Rape - Acquittal Appeal - Standard of Review - In an appeal against acquittal, the appellate court should not interfere unless the findings are perverse or unreasonable - The trial court's appreciation of evidence and credibility of witnesses is entitled to great weight - Held that the prosecution failed to prove the case beyond reasonable doubt (Paras 1-14). B) Evidence Act - Testimony of Prosecutrix - Credibility - The testimony of a prosecutrix in a rape case is to be treated as that of an injured witness and can be acted upon without corroboration if it is reliable - However, if the testimony is inconsistent, improbable, or contradicted by medical evidence, it may be discarded - Held that the prosecutrix's version was not trustworthy due to contradictions and lack of corroboration (Paras 5-12). C) Indian Penal Code, 1860 - Section 376 - Rape - Consent - Where the prosecutrix was in a consensual relationship with another person and the accused allegedly threatened to disclose this, the element of fear must be proved beyond doubt - The prosecutrix's conduct of not raising alarm or disclosing the incident for months raises doubt - Held that the accused was entitled to benefit of doubt (Paras 3-13). D) Indian Penal Code, 1860 - Section 376(2)(i) - Rape of Minor - Age of Victim - The prosecution must prove that the victim was under 16 years at the time of offence - In this case, the age was not conclusively proved as the school leaving certificate showed age 16 but the incident occurred before that date - Held that the benefit of doubt goes to the accused (Paras 2-4).
Issue of Consideration
Whether the trial court's acquittal of the accused for the offence of rape under Section 376 IPC was perverse and liable to be set aside.
Final Decision
The High Court dismissed the appeal and upheld the acquittal of the accused.
Law Points
- Acquittal appeal
- standard of review in appeal against acquittal
- credibility of prosecutrix
- consent
- minor victim
- Section 376 IPC
- pre-amendment law
- age of victim
- medical evidence
- delay in FIR
- corroboration
