Case Note & Summary
The appellant, Ravi Shankarrao Kale, was convicted by the learned Additional Sessions Judge, Wardha, in Sessions Case No. 52 of 2012 for the offence punishable under Section 376(2)(f) read with Section 511 of the Indian Penal Code (IPC) and sentenced to rigorous imprisonment for five years and a fine of Rs.5,000/-, with a default sentence of three months. The trial court also directed that Rs.4,500/- of the fine be paid to the prosecutrix as compensation. The appellant appealed against this conviction and sentence. The prosecution case, as unfolded during trial, was that on 10th February 2012, at about 7:30 p.m., the first informant, Kailash Kurhade (PW2), who was a chowkidar at Gandhi Vidyalaya, Arvi, noticed the appellant lying on the ground in front of the Chemistry Laboratory of the school. Upon closer inspection, he saw the appellant on top of a 7-year-old girl (the prosecutrix), who was crying. The appellant had removed his own pant and the girl's underwear. When the chowkidar shouted, the appellant ran away. The chowkidar then took the girl to her parents and lodged an oral report at the police station. The prosecutrix (PW1) testified that the appellant had caught her, removed her underwear, and attempted to commit rape. She stated that she cried and the chowkidar came and the appellant ran away. Medical evidence showed injuries on the prosecutrix's private parts. The appellant denied the allegations and claimed false implication. The trial court convicted the appellant. On appeal, the High Court examined the evidence and found that the testimony of the prosecutrix was credible and corroborated by the first informant and medical evidence. The court held that the conviction was sustainable and dismissed the appeal, upholding the sentence.
Headnote
A) Criminal Law - Attempt to Commit Rape - Section 376(2)(f) read with Section 511 Indian Penal Code, 1860 - Conviction based on testimony of minor prosecutrix and corroborating circumstances - The appellant was convicted for attempting to commit rape on a 7-year-old girl in school premises. The court held that the evidence of the prosecutrix was credible and corroborated by the first informant and medical evidence. The appeal was dismissed and conviction upheld. (Paras 1-10) B) Evidence Law - Credibility of Prosecutrix - Minor Victim - Testimony of a child witness can be relied upon if found truthful and corroborated - The court found the prosecutrix's testimony consistent and reliable, and it was corroborated by the first informant who witnessed the incident and the medical evidence showing injuries. (Paras 5-8) C) Criminal Law - Sentence - Section 376(2)(f) read with Section 511 IPC - Rigorous imprisonment for five years and fine of Rs.5,000/- - The trial court's sentence was not interfered with as it was proportionate to the gravity of the offence. (Para 10)
Issue of Consideration
Whether the conviction of the appellant for attempt to commit rape under Section 376(2)(f) read with Section 511 of the Indian Penal Code is sustainable on the basis of the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the learned Additional Sessions Judge, Wardha, in Sessions Case No. 52 of 2012 on 09.04.2013 are confirmed.
Law Points
- Attempt to commit rape
- Section 376(2)(f) IPC
- Section 511 IPC
- credibility of prosecutrix
- corroboration of testimony
- minor victim
- school premises
- sentence of five years rigorous imprisonment
