Case Note & Summary
The appellant, Mahesh Narayan Sahare, was convicted by the Additional Sessions Judge, Gadchiroli, for the offence of rape under Section 376 IPC and sentenced to seven years' rigorous imprisonment and a fine of Rs. 500. The prosecution case was that on 6 September 1995, the prosecutrix, a 21-year-old woman, was planting chili crops near her field when the appellant arrived on a bicycle, overpowered her, and committed sexual intercourse despite her resistance. An eyewitness, Sukhdeo Katenge, heard her shouts and saw the appellant committing the act. The prosecutrix's brother, Devlu, also arrived and the appellant attempted to flee but was caught. The next day, the prosecutrix lodged a complaint at the police station. Medical examination revealed that her hymen was completely ruptured, consistent with recent sexual intercourse. The appellant denied the allegations and claimed false implication. The trial court convicted him. On appeal, the High Court examined the evidence, including the testimony of the prosecutrix, eyewitness, and medical officer. The court found the prosecutrix's testimony to be consistent and credible, and the medical evidence corroborated the occurrence of sexual intercourse. The court also noted that the appellant had admitted to knowing the prosecutrix and that there was no motive for false implication. The High Court upheld the conviction and sentence, dismissing the appeal.
Headnote
A) Criminal Law - Rape - Section 376 Indian Penal Code, 1860 - Conviction based on sole testimony of prosecutrix - The court held that the testimony of the prosecutrix is reliable and trustworthy, and corroboration by medical evidence and eyewitness strengthens the prosecution case. The appeal against conviction was dismissed. (Paras 1-10)
Issue of Consideration
Whether the conviction of the appellant under Section 376 IPC is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence under Section 376 IPC are upheld.
Law Points
- Rape conviction
- Testimony of prosecutrix
- Corroboration
- Section 376 IPC
- Medical evidence
- Age of prosecutrix
