Case Note & Summary
The appellant, Bandu @ Bandya Birasing Rajput, was convicted by the Additional Sessions Judge, Gr. Bombay, in Sessions Case No. 168 of 1986 for offences under Section 342 and Section 376(f) of the Indian Penal Code, 1860. He was sentenced to 1 year RI for wrongful confinement and 10 years RI with a fine of Rs. 1,000 for rape. The prosecution case was that on 13.11.1985, the accused, residing in Rahul Nagar Hutment, committed rape on a 4-year-old girl named Maya. The victim was taken to Dr. Tekchandani's hospital for first aid and then to Mulund General Hospital, where a doctor observed a second degree perineal tear and torn hymen. A complaint was lodged, and the accused was arrested and charge-sheeted. The trial court framed charges, and the accused pleaded not guilty. The prosecution examined two eye-witnesses, P.W.1 (the mother of the victim) and P.W.2, who saw the actual act of rape. The ocular evidence was corroborated by medical evidence from P.W.5, Dr. Ashwinkumar Nagwani, who examined the victim about 4 hours after the incident and stated that an operation had to be performed under general anaesthesia to stitch the injuries. The appellant filed an appeal challenging the conviction and sentence. The High Court heard the learned A.P.P. for the State, who took the court through the judgment and evidence. The court found that the ocular evidence was corroborated by medical evidence and upheld the conviction and sentence. The appeal was dismissed.
Headnote
A) Criminal Law - Rape of Minor - Corroboration of Evidence - Indian Penal Code, 1860, Section 376 - The appellant was convicted for rape of a 4-year-old girl. The prosecution examined two eye-witnesses, including the mother of the victim, who saw the actual act of rape. The ocular evidence was corroborated by medical evidence showing second degree perineal tear and torn hymen. The court upheld the conviction and sentence of 10 years RI. (Paras 4-5)
Issue of Consideration
Whether the conviction of the appellant under Section 376 IPC and Section 342 IPC is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the trial court are upheld.
Law Points
- Corroboration of ocular evidence by medical evidence
- Conviction for rape of minor
- Sentencing for rape under Section 376 IPC
