Case Note & Summary
The appellant, Dasu s/o Kisan Waghmare, was convicted by the Special Judge, Majalgaon, in Special Case No. 14 of 2014 for offences under Sections 452, 376(2), 323, 504, and 506 of the Indian Penal Code, 1860. The prosecution alleged that on 17th June 2014, the appellant entered the house of the informant, Parvati Mahadeo Pawar, at village Chatgaon, Taluka Dharur, District Beed, and committed rape on her. The appellant challenged the conviction before the Bombay High Court. The High Court heard the appeal and examined the evidence. The court found material inconsistencies in the prosecution case, particularly in the testimony of the victim. The medical evidence did not support the allegation of rape. The court held that the prosecution failed to prove the guilt of the appellant beyond reasonable doubt. Consequently, the High Court allowed the appeal, set aside the conviction, and acquitted the appellant of all charges.
Headnote
A) Criminal Law - Rape - Conviction - Corroboration - Inconsistencies - The appellant was convicted for rape and other offences. The High Court found material inconsistencies in the prosecution case, including contradictions in the victim's testimony and lack of independent corroboration. Held that the prosecution failed to prove guilt beyond reasonable doubt, and the appellant is entitled to acquittal. (Paras 1-10) B) Evidence Act - Testimony of Victim - Corroboration - In rape cases, while the testimony of the victim alone can be sufficient, it must be reliable and trustworthy. In this case, the victim's testimony was found to be inconsistent and not corroborated by medical or other evidence. Held that conviction cannot be based on such testimony. (Paras 5-8)
Issue of Consideration
Whether the conviction of the appellant under Sections 376(2), 452, 323, 504, and 506 of the Indian Penal Code, 1860 is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted of all charges.
Law Points
- Rape conviction requires corroboration of victim testimony
- Inconsistencies in prosecution case lead to acquittal
- Benefit of doubt to accused
