Case Note & Summary
The case involves the rape of a five-year-old girl by the appellant, Harishchandra Vasudeo Vaity, on 25 October 1996. The appellant, a political rival of the victim's father, lured the child to his house on the pretext of giving her fish. He then closed the door, spread a quilt, made the child lie down, removed her underwear, and raped her. The victim's mother (PW1) returned home at 6 PM, found the child in the bathroom with blood-stained underwear, and the child narrated the incident. The mother noticed swelling and bleeding in the child's private parts. The mother-in-law confronted the accused, who initially denied but later admitted. The FIR was lodged, and the accused was charged under Section 376 of the Indian Penal Code. The trial court convicted the appellant and sentenced him to life imprisonment. The appellant appealed to the Bombay High Court. The High Court examined the evidence, including the testimony of the child victim (though not directly recorded in the judgment text), the mother's deposition, and medical evidence. The court found the victim's testimony credible and corroborated by the immediate complaint and medical findings. The court also noted the motive of political rivalry. The High Court upheld the conviction and life imprisonment, dismissing the appeal. The judgment emphasizes that the testimony of a child victim, if reliable, can sustain a conviction without corroboration, and that the sentence was appropriate given the heinous nature of the crime.
Headnote
A) Criminal Law - Rape of Minor - Testimony of Child Victim - Corroboration - The sole testimony of a child victim, if found credible and reliable, can form the basis of conviction without corroboration - The court held that the victim's statement to her mother immediately after the incident and the medical evidence corroborated the prosecution case - Held that the conviction was proper (Paras 2-10). B) Criminal Law - Motive - Political Rivalry - The existence of political rivalry between the accused and the victim's father provided motive for the crime - The court noted that the accused committed the rape to settle a score with the father - Held that motive, though not essential, strengthens the prosecution case (Paras 1, 11). C) Criminal Law - Sentencing - Rape of Child - Life Imprisonment - The court upheld the sentence of life imprisonment under Section 376 IPC for the rape of a five-year-old girl, considering the heinous nature of the crime and the young age of the victim - Held that the sentence was appropriate and not excessive (Paras 12-13).
Issue of Consideration
Whether the conviction of the appellant for rape of a five-year-old girl under Section 376 IPC is sustainable on the basis of the victim's testimony and corroborative evidence.
Final Decision
Appeal dismissed; conviction and sentence of life imprisonment under Section 376 IPC upheld
Law Points
- Rape of minor
- child testimony
- corroboration
- motive
- political rivalry
- sentencing
- life imprisonment
