Case Note & Summary
The case involves three appellants: Ganesh @ Gorakh Tatyarao Jadhav (original accused No. 1), Muskan w/o Shaikh Rashid @ Rafiq (original accused No. 2), and Naziya Begum w/o Shaikh Afazal (original accused No. 3). They were convicted by the Additional Sessions Judge, Aurangabad, in Sessions Case No. 328/2014 for offences under Section 376 of the Indian Penal Code (IPC) and Section 4 read with Section 3 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The appellants appealed against the conviction and sentence. The prosecution alleged that accused No. 1 committed rape on a minor girl (the prosecutrix) and accused Nos. 2 and 3 abetted the offence. The trial court convicted all three. On appeal, the High Court examined the evidence, particularly the testimony of the prosecutrix and medical evidence. The court found that the prosecutrix's testimony was inconsistent and unreliable. She had given contradictory statements regarding the incident. The medical evidence did not support the allegation of rape; the doctor found no signs of sexual assault. The court held that the prosecution failed to prove the case beyond reasonable doubt. Consequently, the High Court allowed the appeals, set aside the conviction, and acquitted all three appellants.
Headnote
A) Criminal Law - Rape - Section 376 Indian Penal Code, 1860 - Conviction based on sole testimony of prosecutrix - Held that the testimony of the prosecutrix must be reliable, consistent, and free from contradictions; in the present case, the prosecutrix's evidence was inconsistent and not corroborated by medical evidence, hence conviction set aside (Paras 10-15). B) Criminal Law - Protection of Children from Sexual Offences - Section 4 read with Section 3 Protection of Children from Sexual Offences Act, 2012 - Aggravated penetrative sexual assault - Held that the prosecution failed to prove the offence beyond reasonable doubt as the medical evidence did not show any signs of rape and the prosecutrix's testimony was unreliable (Paras 10-15).
Issue of Consideration
Whether the conviction of the appellants under Section 376 IPC and Section 4 read with Section 3 of the POCSO Act is sustainable based on the evidence on record
Final Decision
Appeals allowed; conviction set aside; appellants acquitted of all charges
Law Points
- Conviction under Section 376 IPC and POCSO Act requires reliable and consistent testimony of prosecutrix
- corroborated by medical evidence
- in case of doubt
- benefit of doubt must be given to accused
