Case Note & Summary
The appellant, Anantram @ Moru s/o Babulal Bawankar, was convicted by the trial court for offences punishable under Section 376 read with Section 511 of the Indian Penal Code (attempt to rape) and Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The victim was a 6-year-old girl belonging to a Scheduled Caste. The incident occurred in the appellant's agricultural field, and there were three child witnesses present. The prosecution examined nine witnesses, including the victim, child witnesses, medical officers, and investigating officers. The appellant was examined under Section 313 of the Code of Criminal Procedure. The trial court found the evidence sufficient and convicted the appellant. On appeal, the High Court noted that the defence counsel had failed to cross-examine the prosecution witnesses on material aspects. The cross-examination of the victim was merely formal, with only two suggestions denying the incident. Similarly, other witnesses were not cross-examined on vital issues. The High Court held that such failure amounted to admission of the prosecution's evidence. The testimony of the victim and child witnesses remained unchallenged and credible. Medical evidence and the Forensic Science Laboratory report corroborated the prosecution case. The court found no merit in the appeal and dismissed it, upholding the conviction and sentence.
Headnote
A) Criminal Law - Attempt to Rape - Section 376 read with Section 511 Indian Penal Code, 1860 - Conviction upheld where defence failed to cross-examine prosecution witnesses on material issues - The appellant was convicted for attempting to rape a 6-year-old Scheduled Caste girl. The High Court noted that the defence did not cross-examine any witness on vital aspects, which amounted to admission of their evidence. The testimony of the victim and other child witnesses remained unchallenged and credible. Medical evidence and FSL report supported the prosecution case. Held that the conviction was proper and the appeal was dismissed. (Paras 1-5) B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(xi) - Offence of sexual assault on a Scheduled Caste victim - Conviction upheld - The victim belonged to a Scheduled Caste and the appellant attempted to rape her. The prosecution proved the ingredients of the offence. The defence did not challenge the evidence on this aspect. Held that the conviction under Section 3(1)(xi) was correct. (Paras 1-5)
Issue of Consideration
Whether the conviction of the appellant for attempt to rape a minor Scheduled Caste girl is sustainable when the defence failed to cross-examine prosecution witnesses on material aspects.
Final Decision
Appeal dismissed. Conviction and sentence upheld.
Law Points
- Failure to cross-examine prosecution witnesses on material issues amounts to admission of their evidence
- conviction for attempt to rape under Section 376 read with Section 511 IPC
- offence under Section 3(1)(xi) of SC/ST Act
- child witness testimony
- medical evidence corroboration
