Case Note & Summary
The State of Goa appealed against the acquittal of Rajendra Datta Zarekar under Sections 342 and 376 of the Indian Penal Code. The prosecution alleged that on 14 March 2003, the accused, a factory worker, called the minor victim (PW8) into his room, closed the door, forced her to lie down, removed her knicker and his pant, and inserted his private part into hers, threatening her not to disclose. The victim's mother (PW1) heard cries, found the door closed, and upon opening, the victim narrated the incident. The family reported to police, and the victim was medically examined. The trial court acquitted the accused, finding the victim's testimony inconsistent and uncorroborated. The High Court examined the evidence, noting that the victim's version varied in material particulars, the medical evidence showed only a bruise on labia but no signs of penetration, and there was delay in lodging FIR. The court held that the prosecution failed to prove guilt beyond reasonable doubt, and the acquittal was not perverse. The appeal was dismissed.
Headnote
A) Criminal Law - Rape - Acquittal Appeal - Standard of Proof - The State appealed against acquittal under Sections 342 and 376 IPC - The High Court held that the prosecution failed to prove the case beyond reasonable doubt due to inconsistencies in the victim's testimony, lack of corroboration, and medical evidence not supporting rape - Held that the trial court's acquittal was not perverse and dismissed the appeal (Paras 1-10).
Issue of Consideration
Whether the acquittal of the accused under Sections 342 and 376 IPC was perverse and liable to be set aside.
Final Decision
The High Court dismissed the State's appeal and upheld the acquittal of the accused under Sections 342 and 376 IPC.
Law Points
- Acquittal appeal
- standard of proof
- corroboration of victim testimony
- medical evidence
- delay in FIR
- Section 376 IPC
- Section 342 IPC
