Case Note & Summary
The appellant, Gopal Madhukar Bombatkar, was convicted by the trial court for the offence of rape under Section 376(2)(f) (old) of the Indian Penal Code and sentenced to ten years rigorous imprisonment and a fine of Rs.5,000. The incident occurred on 4 December 2009 at about 8:30 p.m. when the appellant, a neighbour, took the nine-year-old victim to a dark place under a neem tree, removed her undergarments, and committed rape. The victim felt severe pain and shouted, causing the appellant to flee. She narrated the incident to her mother, and later to her father. The matter was reported to the police on 6 December 2009. The victim was medically examined, and the doctor found lacerations on vaginal walls, swelling, and a torn hymen, consistent with sexual assault. The appellant was arrested and his clothes were seized. The trial court convicted him based on the victim's testimony and medical evidence. The appellant appealed, challenging the conviction. The High Court examined the evidence and found the victim's testimony credible and corroborated by medical evidence. The court noted that the victim was a child witness and her testimony was consistent. The medical evidence confirmed recent sexual assault. The court held that the prosecution had proved its case beyond reasonable doubt and dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Rape of Minor - Section 376(2)(f) Indian Penal Code, 1860 - Conviction based on sole testimony of victim - The appellant was convicted for rape of a nine-year-old girl. The court held that the testimony of the victim was reliable and corroborated by medical evidence showing vaginal injuries and torn hymen. The conviction was upheld as the prosecution proved its case beyond reasonable doubt. (Paras 1-4)
Issue of Consideration
Whether the conviction of the appellant under Section 376(2)(f) of the Indian Penal Code for rape of a nine-year-old girl is sustainable based on the evidence on record.
Final Decision
Appeal dismissed. Conviction and sentence under Section 376(2)(f) IPC upheld.
Law Points
- Rape of minor
- Section 376(2)(f) IPC
- medical evidence corroborating victim testimony
- conviction based on sole testimony of victim
- no requirement of corroboration if testimony is reliable
