Case Note & Summary
The appellant, Suresh Shankar Dethe, was convicted by the Additional Sessions Judge, Pune, for offences under Sections 376 (rape) and 506 (criminal intimidation) of the Indian Penal Code, 1860 (IPC). He was sentenced to rigorous imprisonment for 7 years and a fine of Rs.5,000 for the rape offence, and rigorous imprisonment for 6 months for criminal intimidation. Aggrieved, he appealed to the Bombay High Court. The prosecution's case was that the victim, a married woman, was residing with her mother-in-law in village Peth while her husband worked in Mumbai. The appellant, a relative, asked the victim to stay at his house to do household chores while his wife was away for marriage preparations. The victim stayed from 17th November 1992 to 21st November 1992, but left due to her menstruation. She returned on 22nd November 1992. On 24th November 1992, the appellant allegedly raped her and threatened her. The victim reported the incident to her mother-in-law and later to the police. The trial court convicted the appellant. On appeal, the High Court examined the evidence and found material inconsistencies and contradictions in the testimony of the prosecutrix and other prosecution witnesses. The court noted that the victim's conduct was unnatural and her evidence was not reliable. The court held that the prosecution failed to prove the case beyond reasonable doubt. Consequently, the appeal was allowed, the conviction and sentences were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Rape - Section 376 IPC - Conviction based on uncorroborated and inconsistent testimony of prosecutrix - Held that conviction cannot be sustained when the evidence of the prosecutrix is not reliable and there are material contradictions and inconsistencies, and the prosecution fails to prove the case beyond reasonable doubt (Paras 1-9). B) Criminal Law - Criminal Intimidation - Section 506 IPC - Conviction set aside as the offence of criminal intimidation was not proved beyond reasonable doubt - Held that when the main charge of rape fails, the ancillary charge of criminal intimidation also fails (Paras 1-9).
Issue of Consideration
Whether the conviction of the appellant under Sections 376 and 506 of the Indian Penal Code, 1860 (IPC) is sustainable based on the evidence on record.
Final Decision
The appeal is allowed. The impugned judgment and order of conviction and sentence are set aside. The appellant is acquitted of the offences punishable under Sections 376 and 506 of the IPC. His bail bonds stand discharged.
Law Points
- Rape
- Section 376 IPC
- Section 506 IPC
- Criminal Appeal
- Acquittal
- Inconsistent Evidence
- Lack of Corroboration
- Benefit of Doubt
