Case Note & Summary
The appellant, Sachin Raghunath Fulsundar, was convicted by the Sessions Judge, Pune, for offences under Sections 307, 376, 342, and 506 of the Indian Penal Code (IPC) and sentenced to life imprisonment for the offences under Sections 307 and 376 IPC. The prosecution case was that on 28 April 2006, the appellant, who was the distant father-in-law of the prosecutrix, lured her to his house under the pretext that his mother had called her. Once inside, he latched the door, hit her on the back of her head with a pickaxe, gagged her with a cotton ball, and raped her. He then threatened her, throttled her with her own saree, and dragged her to a nearby sugarcane field, leaving her there. The prosecutrix regained consciousness, was found by a relative (PW2 Kavita), and was taken to the hospital. The medical evidence corroborated the injuries, including a head injury and evidence of rape. The appellant appealed against the conviction. The High Court examined the evidence, particularly the testimony of the prosecutrix (PW1), which it found to be trustworthy, consistent, and corroborated by medical evidence. The court held that the conviction under Section 376 IPC could be based on the sole testimony of the prosecutrix if found credible. Regarding Section 307 IPC, the court noted that the appellant's act of hitting the prosecutrix on the head with a pickaxe and throttling her demonstrated an intention to cause death. The court also upheld the sentences, noting that life imprisonment for rape was permissible given the circumstances. The appeal was dismissed, and the conviction and sentences were confirmed.
Headnote
A) Criminal Law - Rape - Conviction based on sole testimony of prosecutrix - The prosecutrix's testimony was found to be trustworthy, consistent, and corroborated by medical evidence, hence conviction under Section 376 IPC upheld (Paras 1-11). B) Criminal Law - Attempt to Murder - Section 307 IPC - The act of hitting the prosecutrix on the head with a pickaxe and throttling her with a saree demonstrated intention to cause death, thus conviction under Section 307 IPC confirmed (Paras 1-11). C) Criminal Law - Sentencing - Life imprisonment for rape - The appellant was sentenced to life imprisonment under Section 376 IPC, which is permissible given the brutal nature of the assault and the relationship of trust (Paras 1-11).
Issue of Consideration
Whether the conviction of the appellant under Sections 307, 376, 342 and 506 of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentences passed by the learned Sessions Judge, Pune on 21.5.2009 in Sessions Case No.408 of 2006 are confirmed.
Law Points
- Conviction under Section 376 IPC can be based on sole testimony of prosecutrix if found credible
- Medical evidence corroborating injuries supports prosecution case
- Section 307 IPC requires intention to cause death or knowledge that act is likely to cause death
- Life imprisonment for rape is permissible under Section 376(2) IPC when victim is below 16 years or other aggravating circumstances exist
