Case Note & Summary
The appellant, Vincent Fernandes, was convicted by the trial court under Section 376 of the Indian Penal Code for committing rape on a 14-year-old girl on 31 March 1999 at Vanxem, Loutolim, Goa. The victim, a student of Std. IX, was alone at home when the appellant came to return a cassette borrowed from her brother. He entered through the rear door, lifted her, took her to another room, and forcibly raped her, causing bleeding. The victim immediately reported the incident to her neighbour Umelina, who called her sister Filomena. A doctor was called, who advised hospitalization. The victim was taken to Borkar Nursing Home and later to Hospicio Hospital. The appellant admitted going to the victim's house to return the cassette but denied the rape. The High Court, hearing the appeal, examined the evidence including the testimony of the victim (PW3), her mother (PW1), the neighbour (PW5), and the medical evidence. The court found the victim's testimony to be credible, consistent, and corroborated by the prompt complaint and medical evidence showing injuries consistent with rape. The court held that the sole testimony of the victim, if trustworthy, is sufficient for conviction. The court also noted that the victim was a minor, so consent was irrelevant. The appeal was dismissed, and the conviction and sentence of seven years rigorous imprisonment and a fine of Rs.5,000 were upheld.
Headnote
A) Criminal Law - Rape - Conviction based on sole testimony of victim - The testimony of the prosecutrix, if found to be credible and trustworthy, can be the sole basis for conviction without corroboration - In the present case, the victim's testimony was consistent and corroborated by medical evidence and prompt complaint - Held that the conviction under Section 376 IPC was justified (Paras 2-10) B) Evidence Act - Presumption as to absence of consent in certain prosecutions for rape - Section 114A - Where sexual intercourse by the accused is proved and the question is whether it was without consent, the court shall presume that the victim did not consent - In this case, the victim being a minor, consent is immaterial - Held that the presumption under Section 114A applies (Para 8) C) Indian Penal Code - Rape - Section 376 - Sentence - Seven years rigorous imprisonment and fine of Rs.5,000 - The sentence imposed by the trial court is not excessive given the gravity of the offence and the age of the victim - Held that the sentence is appropriate and no interference is called for (Para 10)
Issue of Consideration
Whether the conviction of the appellant under Section 376 IPC for rape of a minor is sustainable based on the evidence on record
Final Decision
Appeal dismissed. Conviction and sentence under Section 376 IPC upheld.
Law Points
- Testimony of victim alone sufficient for conviction if credible
- minor's age determination
- medical evidence corroborating rape
- presumption under Section 114A Evidence Act
