Case Note & Summary
The appellant, Niranjan s/o Vishnu Chavan, was convicted by the 2nd Adhoc Additional Sessions Judge, Pusad, for an offence punishable under Section 376 of the Indian Penal Code and sentenced to ten years of rigorous imprisonment. The conviction was based on the allegation that on 7th September 2003, the appellant along with another person Vakil caught hold of the prosecutrix, dragged her to a cattleshed, tied her hands, and raped her twice. The prosecutrix claimed she was left in a dung pit and rescued by her uncle the next morning. She lodged an FIR on 8th September 2003 at 1:45 p.m. The appellant appealed against the conviction. The High Court examined the evidence and found several inconsistencies and improbabilities in the prosecutrix's testimony. The court noted that the prosecutrix's version of events, including the tying of hands and being left in a dung pit, was not corroborated by any independent witness or medical evidence. The medical examination showed no injuries on the prosecutrix, and the vaginal swab tested negative for semen. The doctor's opinion did not confirm rape. The court also found that the delay in lodging the FIR was not satisfactorily explained, as the prosecutrix claimed no police personnel were present, but the police station was supposed to be manned round the clock. The court held that the prosecution failed to prove the case beyond reasonable doubt, and the benefit of doubt must be given to the appellant. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Rape - Section 376 Indian Penal Code, 1860 - Conviction based on sole testimony of prosecutrix - Held that the testimony of the prosecutrix must be reliable, consistent, and trustworthy; in this case, the prosecutrix's evidence was found to be contradictory and improbable, and the medical evidence did not support the allegation of rape, hence the conviction was set aside (Paras 1-14). B) Evidence Law - Delay in FIR - Section 157 Indian Evidence Act, 1872 - Unexplained delay in lodging FIR - Held that the delay of about 22 hours in lodging the FIR was not satisfactorily explained, and the explanation that no police personnel were present at the police station was not supported by evidence, casting doubt on the prosecution case (Paras 7-8). C) Criminal Law - Medical Evidence - Corroboration - Rape - Held that the medical evidence, including the absence of injuries on the prosecutrix and the negative vaginal swab for semen, did not corroborate the allegation of rape, and the opinion of the doctor did not confirm rape (Paras 10-11).
Issue of Consideration
Whether the conviction of the appellant under Section 376 of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Rape conviction requires reliable and consistent testimony of prosecutrix
- corroboration by medical evidence
- delay in FIR must be explained
- benefit of doubt when evidence is contradictory
