Case Note & Summary
The appellant, Laxman Narayan Jadhav, was convicted by the 4th Ad hoc Assistant Sessions Judge, Buldhana, for the offence of rape under Section 376 of the Indian Penal Code, 1860, and sentenced to rigorous imprisonment for seven years and a fine of Rs. 25,000/-. The case arose from an incident on 23 April 2002, where a deaf and dumb girl, referred to as 'Y', was allegedly raped by the appellant and another person named Bablu in a cattle shed near a well in village Bibi, district Buldhana. The prosecution relied on the testimony of two eyewitnesses, Asha Mire and Sunita Gaikwad, who claimed to have seen the appellant and the victim in the cattle shed, and the victim's gestures indicating sexual assault. The appellant appealed against his conviction. The Bombay High Court, Nagpur Bench, heard the appeal and examined the evidence. The court found material inconsistencies in the testimonies of Asha and Sunita, including contradictions about the time of the incident and the presence of blood on the victim's clothes. The medical evidence did not confirm rape, and the victim's gestures were not properly recorded. The court held that the prosecution failed to prove the guilt beyond reasonable doubt, and the conviction was based on weak and unreliable evidence. Consequently, the court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant.
Headnote
A) Criminal Law - Rape - Deaf and Dumb Victim - Corroboration - Section 376 Indian Penal Code, 1860 - The court considered whether the testimony of a deaf and dumb victim, conveyed through gestures, was reliable and corroborated by other evidence. The court found inconsistencies in the prosecution's case, including contradictions in the testimony of witnesses Asha and Sunita regarding the incident, and lack of medical evidence supporting rape. Held that the prosecution failed to prove the charge beyond reasonable doubt, and the appellant was entitled to acquittal. (Paras 1-10) B) Evidence Law - Testimony of Deaf and Dumb Witness - Gestures - Section 119 Indian Evidence Act, 1872 - The court examined the admissibility of evidence given by a deaf and dumb person through gestures. While such testimony is permissible, the court noted that the gestures made by the victim were not recorded or described in detail, and the witnesses who interpreted them were not consistent. Held that the evidence was insufficient to sustain conviction. (Paras 6-8) C) Criminal Procedure - Appeal against Conviction - Appreciation of Evidence - The court re-appreciated the evidence on record, noting that the trial court had erred in relying on the testimony of interested witnesses and ignoring material contradictions. The court emphasized that in a criminal appeal, the appellate court can re-evaluate the evidence and interfere if the conviction is perverse. Held that the appeal was allowed and the appellant was acquitted. (Paras 5-10)
Issue of Consideration
Whether the conviction of the appellant under Section 376 of the Indian Penal Code for rape of a deaf and dumb girl is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of the charge under Section 376 IPC.
Law Points
- Rape conviction requires corroboration in case of deaf and dumb victim
- Inconsistencies in prosecution evidence lead to acquittal
- Benefit of doubt to accused
