Case Note & Summary
The appellant, Sayyed Khalil, was convicted by the Additional Sessions Judge, Nanded, for offences under Sections 376(1) and 506 of the Indian Penal Code, 1860, for raping a 14-year-old girl who was his student at a mosque school. The prosecutrix became pregnant and delivered a child. The FIR was lodged by her mother. The trial court sentenced the appellant to 10 years rigorous imprisonment for rape and 2 years for criminal intimidation, with concurrent sentences. The appellant appealed against the conviction. The High Court examined the evidence, including the testimony of the prosecutrix (PW2), her mother (PW1), and medical evidence. The court found the prosecutrix's testimony credible and corroborated by medical evidence of pregnancy and delivery. The court held that the conviction was proper and the sentence was not excessive. The appeal was dismissed.
Headnote
A) Criminal Law - Rape - Minor Victim - Credibility of Prosecutrix - Section 376(1) Indian Penal Code, 1860 - The prosecutrix, a 14-year-old girl, was raped by her Arabic teacher. The court held that the testimony of the prosecutrix is credible and trustworthy, and her evidence alone is sufficient to base conviction. The medical evidence of pregnancy and delivery corroborates her version. (Paras 2-10) B) Criminal Law - Rape - Sentence - Section 376(1) Indian Penal Code, 1860 - The appellant was sentenced to 10 years rigorous imprisonment and fine. The court held that the sentence is not excessive given the gravity of the offence and the age of the victim. (Paras 11-14)
Issue of Consideration
Whether the conviction of the appellant under Sections 376(1) and 506 of the Indian Penal Code, 1860 is sustainable on the basis of the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the trial court are confirmed.
Law Points
- Rape of minor
- credibility of prosecutrix
- corroboration by medical evidence
- sentence for rape under Section 376 IPC
- threat under Section 506 IPC
