Case Note & Summary
The case pertains to an appeal filed by two accused, Ashok Barkya Dalvi and Paresh Bhiku Bhandari, against their conviction by the III Additional Sessions Judge, Thane in Sessions Case No. 387/87 for offences under Section 376(2)(g) IPC (gang rape) and Section 323 r/w 34 IPC (voluntarily causing hurt). The prosecution alleged that on 09.02.1987 at about 8 p.m., the prosecutrix Vanshi wife of Ramji Kadu was returning home from a marriage when the two accused grabbed her near a mango tree, gagged her, laid her on the ground, removed her clothes, and committed rape one after another. She sustained abrasions. After the accused ran away, she cried and was found by Gangubai (PW-4) who took her home. Her husband returned after 8 days and lodged a complaint on 16.02.1987 at Dahanu Police Station. The trial court convicted the accused and sentenced them to 10 years RI for gang rape and 3 months RI for hurt. The appellants challenged the conviction on grounds of delay in FIR, inconsistencies in the prosecutrix's testimony, and lack of corroboration. The High Court analyzed the evidence and found that the delay of 7 days in lodging the FIR was not satisfactorily explained. The prosecutrix's testimony was inconsistent and unreliable. Medical evidence did not show any injuries on the prosecutrix or the accused, and the doctor opined that rape could not be confirmed. The court held that the prosecution failed to prove its case beyond reasonable doubt. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellants were acquitted.
Headnote
A) Criminal Law - Gang Rape - Section 376(2)(g) Indian Penal Code, 1860 - Delay in FIR - The prosecutrix alleged rape by two accused on 09.02.1987 but complaint was lodged on 16.02.1987 without satisfactory explanation for delay - Court held that unexplained delay of 7 days in lodging FIR casts doubt on the prosecution case and the testimony of the prosecutrix becomes unreliable (Paras 5-7). B) Criminal Law - Testimony of Prosecutrix - Corroboration - The sole testimony of the prosecutrix was found to be inconsistent and lacking corroboration - Medical evidence did not support rape as no injuries were found on the prosecutrix or the accused - Court held that in the absence of reliable evidence, conviction cannot be sustained (Paras 8-10). C) Criminal Law - Benefit of Doubt - Acquittal - The prosecution failed to prove its case beyond reasonable doubt - The court allowed the appeal, set aside the conviction and sentence, and acquitted the appellants (Para 11).
Issue of Consideration
Whether the conviction of the appellants under Section 376(2)(g) IPC and Section 323 r/w 34 IPC is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellants acquitted.
Law Points
- Gang rape
- Section 376(2)(g) IPC
- Delay in FIR
- Unreliable testimony
- Benefit of doubt
- Acquittal
