Case Note & Summary
The appellant, Ranjit Ghutke, was convicted by the Additional Sessions Judge, Chandrapur, for the rape of a 13-year-old girl under Section 376(2)(i) of the Indian Penal Code and Section 3 read with Section 4 of the Prevention of Children from Sexual Offences Act, 2012. The incident occurred on 22 December 2013 at around 8:00 pm when the prosecutrix went to answer nature's call behind her house. The appellant forcibly took her to an open space, removed her clothes, and committed sexual intercourse. The prosecutrix's mother heard her cries, rushed to the spot, assaulted the appellant with a stick, and he fled. The next day, the prosecutrix and her mother lodged a complaint at Sindewahi Police Station. The police registered an offence, and the prosecutrix was medically examined. The trial court convicted the appellant, sentencing him to 10 years rigorous imprisonment and a fine of Rs. 2000/-. The appellant appealed against the conviction and sentence. The High Court examined the evidence, including the testimony of the prosecutrix (PW1), her mother (PW2), the medical officer (PW8), and the investigating officer. The court found the prosecutrix's testimony to be credible, consistent, and corroborated by medical evidence showing recent sexual intercourse. The age of the prosecutrix was proved by school records and ossification test. The court held that the conviction was sustainable and dismissed the appeal, upholding the sentence.
Headnote
A) Criminal Law - Rape of Minor - Section 376(2)(i) IPC, Section 3/4 POCSO Act - Conviction based on sole testimony of prosecutrix - The prosecutrix, aged 13 years, deposed that the appellant forcibly committed sexual intercourse with her. The court held that the testimony of the prosecutrix is trustworthy and reliable, and conviction can be based on her sole testimony even without corroboration, as she is a victim of sexual assault. The medical evidence and prompt FIR corroborated her version. (Paras 6-10) B) Evidence Law - Age Determination - Section 35 Indian Evidence Act, 1872 - School leaving certificate and ossification test - The age of the prosecutrix was proved by the school leaving certificate (Exh. 18) and the ossification test report (Exh. 28), which showed she was below 16 years. The court accepted the age as 13 years at the time of incident. (Paras 5, 11) C) Criminal Law - Sentencing - Section 376(2)(i) IPC - Minimum sentence of 10 years RI - The appellant was sentenced to 10 years RI and fine of Rs. 2000/-. The court upheld the sentence, noting that the victim was a minor and the offence was serious, and no mitigating circumstances were shown. (Para 12)
Issue of Consideration
Whether the conviction of the appellant under Section 376(2)(i) of the Indian Penal Code and Section 3 read with Section 4 of the Prevention of Children from Sexual Offences Act, 2012 is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence imposed by the trial court are upheld.
Law Points
- Conviction for rape of minor can be based on sole testimony of prosecutrix if found credible
- Corroboration by medical evidence and prompt FIR strengthens prosecution case
- Age of victim can be proved by school records and ossification test
- Sentence of 10 years RI for rape of minor is appropriate under Section 376(2)(i) IPC
