Case Note & Summary
The appellant, Balaji Maruti Kamble, was convicted by the Additional Sessions Judge, Latur, for offences under Sections 363 and 376 of the Indian Penal Code (IPC) and sentenced to seven years of rigorous imprisonment. He appealed against this conviction. The prosecution case was that the appellant, a 24-year-old driver, developed a relationship with the 15-year-old prosecutrix who lived in the same locality. In December 2010, when her mother was out of station and her brother had left for college, the appellant entered her house and had sexual intercourse with her, telling her no harm would come. He repeated this on 2-3 subsequent occasions. The prosecutrix eventually disclosed the incidents to her mother, leading to an FIR. The appellant was charged along with his parents and relatives, but they were acquitted. The trial court convicted the appellant based on the prosecutrix's testimony, medical evidence, and school records proving her age. The High Court upheld the conviction, finding the prosecutrix's testimony consistent and credible, corroborated by her immediate disclosure to her mother and medical evidence. The court held that the age of the prosecutrix was proved to be 15 years, and the appellant had taken her away without consent, constituting kidnapping. The appeal was dismissed, and the conviction and sentence were confirmed.
Headnote
A) Criminal Law - Rape - Conviction based on sole testimony of prosecutrix - The prosecutrix's testimony was consistent, credible, and corroborated by medical evidence and her immediate disclosure to mother - Held that conviction can be based on sole testimony of prosecutrix if it inspires confidence (Paras 8-10). B) Criminal Law - Kidnapping - Section 363 IPC - Taking away of minor without consent - The prosecutrix was a minor aged 15 years, and the accused took her away from her house without consent of her guardian - Held that the offence under Section 363 IPC is made out (Paras 5-7). C) Evidence - Age of victim - Proof by school records and ossification test - The prosecution proved the age of the prosecutrix as 15 years through school leaving certificate and medical evidence - Held that the age was correctly determined (Paras 5-6).
Issue of Consideration
Whether the conviction of the appellant under Sections 363 and 376 of IPC is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Sections 363 and 376 of IPC are confirmed.
Law Points
- Consistent testimony of prosecutrix can be sole basis for conviction in rape cases
- Age of victim can be proved by school records and ossification test
- Section 363 IPC requires taking away of minor without consent
- Section 376 IPC punishment for rape
