Case Note & Summary
The appellant, Appa Ramrao Gavate, was convicted by the AdHoc Additional Sessions Judge, Pune, for offences under Sections 376 (rape) and 506 (criminal intimidation) of the Indian Penal Code, 1860 (IPC) and sentenced to rigorous imprisonment for 7 years and 5 years respectively. The prosecution case was that on 23rd December 2011, the appellant, a labour contractor, sent the prosecutrix's husband to another site and then raped her in a tin shed, threatening to mark her 'double presence' or kill her if she shouted. The prosecutrix (PW1) and her husband (PW2) were labourers at a construction site. The appellant appealed against the conviction. The High Court examined the evidence and found material contradictions between the prosecutrix's testimony and her husband's testimony regarding the time of the incident and the sequence of events. The medical evidence did not support the rape allegation. The 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 and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Rape - Corroboration of Testimony - Sections 376, 506 IPC - The prosecutrix's testimony was found to be unreliable due to material contradictions with her husband's testimony and the medical evidence. The court held that the prosecution failed to prove the case beyond reasonable doubt, and the appellant was entitled to acquittal. (Paras 1-19) B) Criminal Law - Criminal Intimidation - Section 506 IPC - The alleged threat to mark 'double presence' or kill the prosecutrix was not corroborated and the evidence was inconsistent. The court held that the charge of criminal intimidation was not established. (Paras 1-19)
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
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Rape conviction requires corroboration of prosecutrix testimony in case of contradictions
- Benefit of doubt when prosecution case suffers from material inconsistencies
- Criminal intimidation requires clear threat evidence
