Case Note & Summary
The appellant, Sandeep Janaji Konde, was convicted by the Additional Sessions Judge for an offence punishable under Section 376 of the Indian Penal Code (IPC) and sentenced to 10 years rigorous imprisonment. The case arose from an FIR lodged by Kantabai, the mother of the victim, alleging that the appellant had repeatedly raped her minor daughter over a period of 5-6 months prior to January 2008, resulting in pregnancy and delivery of a stillborn child. The prosecution examined several witnesses, including the victim (PW1), her mother Kantabai (PW2), and a doctor (PW3). The victim initially testified that the appellant had sexual intercourse with her on multiple occasions, sometimes by giving false promises of marriage and sometimes by beating and threatening her. However, during cross-examination, she admitted that she had consented to the acts and that the appellant had not used force. She also stated that she had not informed anyone about the incidents until her mother discovered her pregnancy. The medical evidence showed that the victim was pregnant but did not confirm rape. The trial court convicted the appellant based on the victim's testimony. On appeal, the Bombay High Court examined the evidence and found material inconsistencies and contradictions in the victim's testimony. The court noted that the victim's version was not corroborated by independent witnesses and that her conduct was inconsistent with that of a victim of rape. The court also observed that the medical evidence did not support the prosecution case. Consequently, the High Court held that the prosecution had failed to prove the guilt of the appellant beyond reasonable doubt and acquitted him, setting aside the conviction and sentence.
Headnote
A) Criminal Law - Rape - Consent - Minor - Section 376 IPC - Conviction set aside due to inconsistencies in victim's testimony and lack of independent corroboration - The victim's testimony was found to be unreliable and contradictory, and the medical evidence did not support the prosecution case - Held that the prosecution failed to prove the guilt beyond reasonable doubt (Paras 1-18).
Issue of Consideration
Whether the conviction of the appellant under Section 376 IPC is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Consent
- Minor
- Rape
- Corroboration
- Testimony
- Benefit of Doubt
