Case Note & Summary
The case involves an appeal by accused No.1, Vasant Mahadeo Powar, against his conviction under Section 376(2)(c) of the Indian Penal Code (IPC) for gang rape, and a cross-appeal by the State of Maharashtra against the acquittal of other accused. The incident occurred in Kolhapur, where the victim, a resident of a women's hostel, was allegedly raped by the appellant and others. The trial court convicted the appellant under Section 376(2)(c) IPC, sentencing him to ten years' rigorous imprisonment and a fine of Rs.15,000, while acquitting him of charges under Sections 354 and 506(I) IPC. Accused Nos.2 to 7 were acquitted of all charges. The appellant challenged his conviction, and the State appealed against the acquittals. The High Court, after hearing arguments, upheld the conviction of the appellant, finding the victim's testimony credible and corroborated by medical evidence. The court noted that the acquittal of co-accused does not affect the appellant's conviction. The State's appeal against acquittal was dismissed as the evidence against the other accused was insufficient. The court emphasized that in rape cases, the sole testimony of the victim can be the basis for conviction if found trustworthy.
Headnote
A) Criminal Law - Gang Rape - Section 376(2)(c) IPC - Conviction based on sole testimony of victim - The appellant was convicted for gang rape under Section 376(2)(c) IPC. The court held that the testimony of the prosecutrix is credible and trustworthy, and medical evidence corroborates the same. The acquittal of other accused does not affect the conviction of the appellant. (Paras 1-10) B) Criminal Law - Acquittal of Co-accused - Effect on Conviction - The acquittal of accused nos.2 to 7 does not ipso facto vitiate the conviction of the appellant under Section 376(2)(c) IPC, as the evidence against the appellant is distinct and sufficient. (Paras 2-5)
Issue of Consideration
Whether the conviction of the appellant under Section 376(2)(c) of the Indian Penal Code is sustainable on the basis of the evidence on record.
Final Decision
Criminal Appeal No.638 of 2007 (by accused) dismissed; conviction under Section 376(2)(c) IPC upheld. Criminal Appeal No.680 of 2007 (by State) dismissed; acquittal of accused Nos.2 to 7 upheld.
Law Points
- Gang rape
- Section 376(2)(c) IPC
- conviction based on sole testimony of victim
- medical evidence corroboration
- acquittal of co-accused does not affect conviction of main accused
- no requirement of corroboration in rape cases
