Case Note & Summary
The appellant, Onkar Timaji Shende, was convicted by the Sessions Judge, Chandrapur, for the offence punishable under Section 376(2)(f) of the Indian Penal Code and sentenced to rigorous imprisonment for ten years and a fine of Rs.10,000/-. The case arose from an FIR lodged on 24.10.2011 by Nirmalabai (PW1), mother of the prosecutrix, alleging that the appellant had raped her eight-year-old daughter. The prosecution examined several witnesses, including the prosecutrix (PW2), her mother (PW1), and medical witnesses. The trial court convicted the appellant based on the testimony of the prosecutrix and her mother. On appeal, the High Court examined the evidence and found that the prosecutrix's testimony was contradictory and inconsistent. The medical evidence did not support the allegation of rape, as the doctor (PW5) stated that there was no sign of rape and the hymen was intact. The High Court held that the prosecution failed to prove the case beyond reasonable doubt, and the appellant was entitled to the benefit of doubt. The appeal was allowed, the conviction was set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Rape of Minor - Section 376(2)(f) Indian Penal Code, 1860 - Conviction based on contradictory testimony of prosecutrix and lack of corroboration - The prosecutrix's evidence was inconsistent regarding the incident and medical evidence did not confirm rape - Held that the prosecution failed to prove the case beyond reasonable doubt, and the appellant is entitled to acquittal (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 376(2)(f) of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted. Fine, if paid, to be refunded.
Law Points
- Conviction for rape requires corroboration of prosecutrix's testimony when it is contradictory
- medical evidence must support the allegation
- benefit of doubt must be given when prosecution fails to prove guilt beyond reasonable doubt
