Case Note & Summary
The State of Maharashtra appealed against the judgment and order dated 7.12.1989 passed by the IX Additional District & Assistant Sessions Judge, Thane in Sessions Case No.78 of 1989, whereby the respondent Jairam Narayan Rai was acquitted of offences punishable under Section 376 read with Section 511 and Section 354 of the Indian Penal Code (IPC). The case arose from an incident on 25.4.1984 at about 2.00 p.m., when the complainant Sudha Berde, mother of the prosecutrix Vishaka (a two-year-old child), alleged that the accused took her two children (Vishaka and Sanket, aged two and one year respectively) to the terrace of the building. The complainant went to the terrace and found the door of a hall adjoining the terrace closed. She knocked, but the accused, who was allegedly inside with the children, did not open the door. The prosecution's case rested primarily on the testimony of the mother and circumstantial evidence. The trial court acquitted the accused, finding the evidence insufficient to prove his presence or criminal intent beyond reasonable doubt. The High Court, in the present appeal, examined the evidence and held that the prosecution had failed to establish the guilt of the accused. The court noted that the mother's testimony did not directly implicate the accused, and there was no corroboration of the alleged attempt to rape. The court upheld the acquittal, emphasizing that the benefit of doubt must go to the accused. The appeal was dismissed, and the acquittal was confirmed.
Headnote
A) Criminal Law - Attempt to Rape - Sections 376/511, 354 Indian Penal Code, 1860 - Acquittal upheld - Prosecution failed to prove that the accused attempted to rape a two-year-old child on the terrace - Mother's testimony and circumstantial evidence insufficient to establish presence or intent - Held that the trial court's acquittal was proper as the prosecution did not prove guilt beyond reasonable doubt (Paras 1-3).
Issue of Consideration
Whether the acquittal of the respondent for offences under Sections 376/511 and 354 IPC was justified on the basis of insufficient evidence.
Final Decision
The appeal is dismissed. The judgment and order of acquittal passed by the trial court are confirmed.
Law Points
- Presumption of innocence
- Benefit of doubt
- Standard of proof beyond reasonable doubt
- Corroboration of circumstantial evidence
- Child witness testimony
