Case Note & Summary
The judgment arises from two appeals: Criminal Appeal No.1172 of 2007 filed by the accused Pandurang Lalasaheb Yadav challenging his conviction and sentence under Section 376(2)(f) IPC for raping a 9-year-old girl, and Criminal Appeal No.1223 of 2007 filed by the State of Maharashtra seeking enhancement of the sentence. The incident occurred on 23.12.2006 when the victim was returning home after tuition. The accused lured her under the pretext of taking her to her parents, forcibly took her to a sugarcane field, and committed rape. The victim suffered injuries and bleeding. The trial court convicted the accused and sentenced him to 10 years RI and fine. The High Court examined the evidence including the testimony of the victim (PW-4), her mother (PW-2), medical evidence (PW-5 Dr. Shinde), and the accused's statement under Section 313 CrPC. The court found the victim's testimony credible and corroborated by medical evidence showing injuries consistent with rape. The court upheld the conviction but reduced the sentence from 10 years to 7 years RI considering the accused's young age (23 years) and lack of criminal antecedents. The State's appeal for enhancement was dismissed as the sentence was already reduced. The court also directed that the victim be paid compensation under the Victim Compensation Scheme.
Headnote
A) Criminal Law - Rape of Minor - Conviction under Section 376(2)(f) IPC - Victim aged 9 years - Prosecution case based on testimony of victim and medical evidence - Held that conviction is sustainable as evidence is reliable and corroborated (Paras 1-20). B) Criminal Law - Sentence - Reduction of Sentence - Accused aged 23 years at time of incident - No criminal antecedents - Held that sentence of 10 years RI reduced to 7 years RI as ends of justice (Paras 21-25). C) Criminal Law - Enhancement of Sentence - State Appeal under Section 377 CrPC - Held that no case for enhancement made out as sentence already reduced (Para 26).
Issue of Consideration
Whether the conviction of the appellant under Section 376(2)(f) IPC is sustainable and whether the sentence of 10 years RI is adequate or requires enhancement.
Final Decision
Criminal Appeal No.1172 of 2007 is partly allowed. The conviction under Section 376(2)(f) IPC is upheld, but the sentence is reduced from 10 years RI to 7 years RI. Criminal Appeal No.1223 of 2007 filed by the State for enhancement of sentence is dismissed. The victim is entitled to compensation under the Victim Compensation Scheme.
Law Points
- Section 376(2)(f) IPC
- Section 228-A IPC
- Section 377 CrPC
- Section 374 CrPC
- Section 313 CrPC
- Section 164 CrPC
- Section 161 CrPC
- Section 27 of Indian Evidence Act
- Section 8 of Indian Evidence Act
- Section 9 of Indian Evidence Act
- Section 114-A of Indian Evidence Act
