Case Note & Summary
The appellant, Amol Meshram, was convicted by the 7th Assistant Sessions Judge, Nagpur in Sessions Trial No.208/1998 for an offence punishable under Section 376(2)(g) of the Indian Penal Code and sentenced to rigorous imprisonment for seven years and a fine of Rs.500. The prosecution case was that on 9.12.1997 at about 10.00 or 10.30 p.m., the prosecutrix, a minor girl studying in 9th standard, was on her way to a friend's house to fetch a study book when she was accosted by the appellant and co-accused Suresh Mate. She was taken inside the house of Suresh Mate, where the appellant caught hold of her legs while Suresh Mate committed forcible sexual intercourse. The appellant later also demanded sexual intercourse and threatened to defame her. The FIR was lodged on 10.12.1997 at 8.10 p.m. The trial court convicted the appellant. On appeal, the High Court examined the evidence and found that the prosecutrix's testimony was inconsistent and unreliable. There were material contradictions regarding the time of incident, the manner of occurrence, and the role of the appellant. The medical evidence did not support the prosecution case as no injuries were found on the prosecutrix or the accused. The court held that the conviction was based solely on the uncorroborated testimony of the prosecutrix, which was not trustworthy. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Gang Rape - Section 376(2)(g) Indian Penal Code, 1860 - Conviction based on uncorroborated and inconsistent testimony of prosecutrix - Held that the prosecutrix's evidence was unreliable due to material contradictions and lack of corroboration by medical evidence or other witnesses, and the appellant was entitled to benefit of doubt (Paras 1-20).
Issue of Consideration
Whether the conviction of the appellant under Section 376(2)(g) of the Indian Penal Code is sustainable in law based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Gang rape
- Section 376(2)(g) IPC
- Corroboration of prosecutrix testimony
- Inconsistencies in evidence
- Benefit of doubt
