Case Note & Summary
The appellant, Tanaji Baburao Phalke, was convicted by the 5th Additional Sessions Judge, Pune, for an offence punishable under Section 376 of the Indian Penal Code, 1860, and sentenced to seven years' rigorous imprisonment. He appealed against this conviction. The prosecution case was that the appellant, a peon at Belheshwar Vidyamandir, raped the complainant's minor daughter, Munni, who was mentally retarded since birth, on 18 June 1986. The family resided in tents behind the school building. The trial court convicted the appellant based on the testimony of the prosecutrix and other witnesses. The High Court, however, found that the evidence was inconsistent and lacked corroboration. The court noted that the prosecutrix's testimony was not reliable and there were material contradictions. The court held that the prosecution failed to prove the case beyond reasonable doubt and accordingly allowed the appeal, setting aside the conviction and acquitting the appellant.
Headnote
A) Criminal Law - Rape - Corroboration - Section 376 Indian Penal Code, 1860 - The court examined whether the testimony of the prosecutrix, a mentally retarded minor, was reliable and corroborated by other evidence. The court found inconsistencies and lack of corroboration, leading to acquittal. Held that in the absence of reliable evidence, the accused is entitled to benefit of doubt (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 376 of the Indian Penal Code, 1860 is sustainable on the basis of the evidence on record.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted of the offence under Section 376 IPC.
Law Points
- Corroboration of testimony of prosecutrix
- Appreciation of evidence in rape cases
- Standard of proof beyond reasonable doubt
- Benefit of doubt
