Case Note & Summary
The appellant, Tulshiram Babasaheb Mulik, an ex-military man employed as a watchman, was convicted by the Additional Sessions Judge, Nashik, for the offence of rape under Section 376 of the Indian Penal Code (IPC) and sentenced to 12 years rigorous imprisonment and a fine of Rs.5,000. The victim, a 15-year-old girl, was sent by her parents to live with the appellant (her uncle) for education. Over a period of 3-4 months, the appellant repeatedly had sexual intercourse with her, resulting in pregnancy. The victim disclosed the abuse to neighbours and was taken to Civil Hospital, Nashik, where her pregnancy was confirmed. She lodged an FIR, and the appellant was charged. The prosecution examined seven witnesses, including the victim, her father, a neighbour, and the doctor. The appellant did not adduce any defence evidence. The trial court convicted him, leading to this appeal. The High Court examined the victim's testimony, which it found to be natural, consistent, and credible. The medical evidence corroborated the sexual intercourse and pregnancy. The court held that the victim's testimony alone was sufficient to sustain the conviction, and the sentence was appropriate given the gravity of the offence and the breach of trust. The appeal was dismissed, and the conviction and sentence were confirmed.
Headnote
A) Criminal Law - Rape - Section 376 IPC - Conviction based on victim's testimony - The victim's testimony alone, if credible and reliable, can sustain a conviction for rape without corroboration. In this case, the victim's consistent and trustworthy account of repeated sexual assault by her uncle, coupled with medical evidence of pregnancy, was sufficient to uphold the conviction. (Paras 1-17) B) Evidence Law - Minor's Testimony - Credibility - The testimony of a minor victim of sexual assault, when found to be natural and consistent, does not require corroboration. The court held that the victim's evidence was reliable and her cross-examination did not shake her credibility. (Paras 5-10) C) Criminal Law - Sentencing - Rape of Minor - Section 376 IPC - The sentence of 12 years rigorous imprisonment and fine of Rs.5,000 was not excessive given the gravity of the offence, the age of the victim, and the breach of trust by the appellant who was her uncle and guardian. (Paras 16-17)
Issue of Consideration
Whether the conviction of the appellant under Section 376 IPC for rape of a 15-year-old girl is sustainable on the basis of the victim's testimony and medical evidence.
Final Decision
Appeal dismissed. Conviction and sentence under Section 376 IPC confirmed.
Law Points
- Rape conviction upheld
- victim testimony credible
- medical evidence corroborates
- no consent by minor
- sentence of 12 years RI confirmed
