Case Note & Summary
The appellant, Ramdas Sadashiv Rahate, was convicted by the Special Judge, Khamgaon in Special Atrocity Case No.3/2011 for offences under Sections 376, 323, 506, 343 of the Indian Penal Code and Section 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The prosecution alleged that on 3rd December 2010, the appellant lured the prosecutrix, a woman belonging to the Matang community, by claiming her friend Sharda had returned from Indore, but instead took her to a cattleshed, slapped her, threatened her, and forcibly raped her twice over two days, confining her under tin sheets and wooden logs. The prosecutrix escaped on the third day when the owner opened the shed. The appellant appealed against the conviction. The High Court examined the evidence and found the prosecutrix's testimony to be inconsistent and lacking corroboration on material aspects. The court noted that the prosecutrix did not raise any alarm despite being in a village with nearby houses, and her conduct of not reporting the incident immediately was unnatural. The medical evidence did not support the rape allegation, and the delay in filing the FIR was not satisfactorily explained. The court also found that the offence under the SC/ST Act was not made out as there was no evidence of the appellant using caste-related words or insulting her in public view. Consequently, the court allowed the appeal, set aside the conviction, and acquitted the appellant.
Headnote
A) Criminal Law - Rape - Corroboration - Inconsistent Evidence - The prosecutrix's testimony was found to be inconsistent and lacking corroboration on material aspects, leading to the conclusion that the prosecution failed to prove the case beyond reasonable doubt - Held that conviction cannot be sustained (Paras 1-10). B) Criminal Law - SC/ST Act - Section 3(1)(xi) - Insult or Intimidation - The allegation of caste-based insult was not proved as the incident occurred in a private setting and there was no evidence of the appellant using caste-related words - Held that the offence under the SC/ST Act was not made out (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Sections 376, 323, 506, 343 IPC and Section 3(1)(xi) of the SC/ST Act was sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted of all charges.
Law Points
- Rape
- Consent
- Corroboration
- Inconsistent Evidence
- Benefit of Doubt
- SC/ST Act
- Section 376 IPC
- Section 3(1)(xi) SC/ST Act
