Case Note & Summary
The appellant, Dattatraya Ramchandra Sutar, was convicted by the Adhoc Additional Sessions Judge, Sangli, for offences under Section 377 of the Indian Penal Code (IPC) and Section 3(1)(iii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act). He was sentenced to rigorous imprisonment of 3 years for the IPC offence and 6 months for the SC/ST Act offence, along with fines. The case arose from an alleged incident on 26th January 2010, where the appellant called the minor son of the informant (PW2 Nandkumar Pol) to his house on the pretext of giving jalebi and then committed fellatio on the child. The informant and his wife (PW3 Sunita Pol) belong to the Dhor caste, a scheduled caste, while the appellant is a Maratha. The incident was disclosed by the child to his mother on 1st February 2010, and the FIR was lodged on 2nd February 2010. The trial court convicted the appellant based on the testimony of the child victim and other witnesses. The appellant challenged the conviction in the Bombay High Court. The High Court examined the evidence and found several inconsistencies. The child victim's testimony was not corroborated by medical evidence, as the doctor (PW4) stated that there were no injuries or signs of sexual assault. The delay in filing the FIR was not satisfactorily explained. The court also noted that the prosecution failed to prove that the act was committed with the intention to humiliate the victim on account of his caste, which is essential for an offence under Section 3(1)(iii) of the SC/ST Act. The court held that the evidence was insufficient to prove the guilt beyond reasonable doubt and allowed the appeal, setting aside the conviction and acquitting the appellant.
Headnote
A) Criminal Law - Unnatural Offences - Section 377 IPC - Corroboration of Child Witness - The conviction under Section 377 IPC was based solely on the testimony of the minor victim, which was found to be inconsistent and lacking corroboration from medical evidence or other witnesses. The court held that in the absence of reliable corroboration, the conviction cannot be sustained. (Paras 10-15) B) Atrocities Law - Caste-Based Offence - Section 3(1)(iii) SC/ST Act - Intent to Humiliate - The prosecution failed to establish that the accused committed the act with the intention to humiliate the victim on account of his caste. The mere fact that the accused belonged to a different caste does not automatically attract the provisions of the SC/ST Act. (Paras 16-18) C) Evidence Law - Delay in FIR - Effect on Prosecution Case - The FIR was lodged after a delay of 6 days without any satisfactory explanation. The court held that such delay casts doubt on the veracity of the prosecution case and weakens the credibility of the evidence. (Paras 7-9)
Issue of Consideration
Whether the conviction of the appellant under Section 377 IPC and Section 3(1)(iii) of the SC/ST Act is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Section 377 IPC
- Section 3(1)(iii) SC/ST Act
- corroboration of child witness
- delay in FIR
- medical evidence
- benefit of doubt
