Case Note & Summary
The appellant, Raju S/o Bhimrao Girnare, was convicted by the learned Adhoc Additional Sessions Judge, Buldana, for offences punishable under Sections 363, 366 and 376 of the Indian Penal Code in Sessions Case No. 106 of 2009. The prosecution alleged that on 17th May 2009, the appellant kidnapped the minor daughter of the complainant, Ganesh Bhangale, from the Government Hospital premises and later raped her. The complainant's wife was admitted in the hospital for delivery. The victim, Shraddha, had come to stay with her father two days prior. On the day of the incident, the appellant approached the complainant for a bidi and later accompanied them to the market. At about 4:30 p.m., the victim went downstairs and was not seen thereafter. The complainant lodged a missing report suspecting the appellant. The victim was recovered from the appellant's sister's house. The trial court convicted the appellant. In appeal, the High Court examined the evidence and found several inconsistencies. The age of the victim was not conclusively proved; the medical evidence did not support rape; the victim's testimony was not corroborated by independent witnesses; and the conduct of the parties raised doubts. The court held that the prosecution failed to prove its case beyond reasonable doubt and acquitted the appellant, giving him the benefit of doubt.
Headnote
A) Criminal Law - Kidnapping and Rape - Sections 363, 366, 376 Indian Penal Code, 1860 - Benefit of Doubt - Appeal against conviction - Prosecution case based on testimony of victim and her father - Inconsistencies in evidence regarding age of victim, time of incident, and conduct of parties - Court found that the prosecution failed to prove its case beyond reasonable doubt - Held that the appellant is entitled to acquittal (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Sections 363, 366 and 376 of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted of all charges. Bail bonds cancelled.
Law Points
- Benefit of doubt
- Inconsistencies in prosecution case
- Lack of corroboration
- Age of victim not proved
- No independent witness
- Acquittal in rape case
