Case Note & Summary
The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973, challenging the judgment and order dated 27.02.1998 passed by the learned Additional Sessions Judge, Panchmahals at Godhra in Sessions Case No.176 of 1997, whereby the respondent-accused was acquitted of the charge under Section 377 of the Indian Penal Code. The prosecution case was that on 22.07.1997 at about 6:00 PM, the accused allegedly committed unnatural sex with the minor son of the complainant, Rameshbhai, behind the government dispensary at village Kadana, Taluka Santrampur, District Panchmahal. The accused allegedly lured the minor by offering a chocolate. The mother of the victim, Shantaben Shankarbhai, lodged an FIR being C.R. No. I-123/1997 at Santrampur Police Station. After investigation, the police filed chargesheet against the accused. The trial court, after examining the evidence, acquitted the accused. The State appealed against the acquittal. The High Court examined the scope of interference in appeals against acquittal and held that the appellate court should not lightly interfere with an acquittal unless the findings are perverse or based on no evidence. The court scrutinized the evidence of the child victim and found it to be tutored and inconsistent. The medical evidence did not support the prosecution case as no injuries or signs of unnatural sex were found. There was also delay in lodging the FIR and lack of independent witnesses. The High Court concluded that the prosecution failed to prove its case beyond reasonable doubt and the trial court's acquittal was based on proper appreciation of evidence. Accordingly, the appeal was dismissed and the acquittal was upheld.
Headnote
A) Criminal Law - Appeal against Acquittal - Section 378 CrPC - Scope of Interference - The High Court in an appeal against acquittal will not interfere unless the findings of the trial court are perverse or based on no evidence. The presumption of innocence in favour of the accused is reinforced by acquittal. (Paras 1, 3-5) B) Criminal Law - Unnatural Offence - Section 377 IPC - Child Witness - Credibility - The testimony of a child witness must be scrutinized with care and caution. In the present case, the child victim's testimony was found to be tutored and inconsistent, and hence not reliable. (Paras 6-8) C) Criminal Law - Medical Evidence - Section 377 IPC - Absence of Corroboration - The medical evidence did not support the prosecution case as no injuries or signs of unnatural sex were found on the victim. The delay in filing FIR and lack of independent witnesses further weakened the prosecution case. (Paras 9-11) D) Criminal Law - Acquittal - Benefit of Doubt - The prosecution failed to prove its case beyond reasonable doubt. The trial court's acquittal was based on proper appreciation of evidence and did not warrant interference. (Paras 12-14)
Issue of Consideration
Whether the judgment of acquittal passed by the Trial Court under Section 377 of the Indian Penal Code is sustainable in law or requires interference by this Court.
Final Decision
The appeal is dismissed. The judgment and order of acquittal dated 27.02.1998 passed by the learned Additional Sessions Judge, Panchmahals at Godhra in Sessions Case No.176 of 1997 is confirmed.
Law Points
- Appeal against acquittal
- Section 378 CrPC
- Scope of interference in acquittal appeals
- Presumption of innocence
- Benefit of doubt
- Section 377 IPC
- Unnatural sex
- Credibility of child witness
- Medical evidence
- Delay in FIR
- Inconsistencies in prosecution case
