Case Note & Summary
The appellant, Shaikh Sheru s/o Shaikh Turab, was convicted by the trial court for offences under Sections 376, 506 and 376 read with 511 of the Indian Penal Code for allegedly raping his 12-year-old daughter. The prosecution case was that the appellant had committed rape on the prosecutrix two months prior to the FIR dated 20th January 2010, and again attempted to rape her on 19th January 2010, which she resisted and informed her mother, leading to the FIR. The trial court convicted the appellant primarily based on the testimony of the prosecutrix. The appellant appealed to the High Court. The High Court examined the evidence and found that the prosecutrix's testimony was inconsistent and contradictory. She stated in cross-examination that the appellant had not committed rape but only pressed her neck and attempted to commit rape, contradicting her earlier version. The medical evidence showed that the hymen was intact and there were no signs of rape or recent sexual intercourse. The High Court held that the prosecutrix's evidence was not reliable and lacked corroboration. The court also noted that the mother's testimony was hearsay and did not inspire confidence. Consequently, the High Court allowed the appeal, set aside the conviction, and acquitted the appellant, giving him the benefit of doubt.
Headnote
A) Criminal Law - Rape - Conviction based on sole testimony of prosecutrix - Reliability - The prosecutrix's testimony must be trustworthy and consistent; if it suffers from material contradictions and improvements, conviction cannot be sustained - Indian Penal Code, 1860, Section 376 - Held that the evidence of the prosecutrix was inconsistent, contradictory, and not corroborated by medical evidence, hence the appellant is entitled to acquittal (Paras 8-12). B) Criminal Law - Attempt to Rape - Section 376 read with 511 IPC - Ingredients - The prosecution must prove that the accused had the intention to commit rape and did an act towards its commission - Indian Penal Code, 1860, Sections 376, 511 - Held that the evidence did not establish an attempt to commit rape as the prosecutrix's version was not reliable (Para 12). C) Evidence Law - Medical Evidence - Corroboration - In a rape case, medical evidence is crucial to corroborate the testimony of the prosecutrix regarding penetration - Indian Penal Code, 1860, Section 376 - Held that the medical evidence did not show any signs of rape or recent sexual intercourse, and the hymen was intact, which contradicts the allegation of rape (Paras 9-10).
Issue of Consideration
Whether the conviction of the appellant under Sections 376, 506 and 376 read with 511 of IPC is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. Bail bonds cancelled. Fine, if paid, to be refunded.
Law Points
- Conviction for rape requires reliable and consistent testimony of prosecutrix
- corroboration by medical evidence
- proof of penetration
- benefit of doubt when evidence is shaky
