Case Note & Summary
The case pertains to an appeal against the conviction of two appellants, Prafulla Vinayak Nage and Atul Shrikrishna Bhadake, under Section 376(2)(g) (gang rape) and Section 354 read with Section 34 of the Indian Penal Code, 1860. The prosecution alleged that on 27.09.2001, the prosecutrix went to an open ground behind a spinning mill in MIDC area, Amravati, to answer nature's call. She was accosted by the appellants and a juvenile in conflict, who threw her on the ground and committed forcible sexual intercourse one after the other. The prosecutrix claimed she fell unconscious and regained senses when water was sprinkled on her face. A shopkeeper named Shahu arrived, and the accused fled. The FIR was lodged on the same day. The trial court convicted the appellants and sentenced them to five years rigorous imprisonment and a fine of Rs.2000/-. The appellants challenged the conviction. The High Court heard arguments from both sides. The court analyzed the evidence and found several inconsistencies and contradictions in the prosecution case. The court noted that the prosecutrix's testimony was not corroborated by independent witnesses, and there was a delay in lodging the FIR. The court held that the prosecution failed to prove the guilt beyond reasonable doubt. Consequently, the appeal was allowed, the conviction was set aside, and the appellants were acquitted.
Headnote
A) Criminal Law - Gang Rape - Section 376(2)(g) Indian Penal Code, 1860 - Appreciation of Evidence - Conviction based on sole testimony of prosecutrix - Inconsistencies and contradictions in the prosecution case, including delay in lodging FIR and absence of independent witnesses, rendered the evidence unreliable - Held that the prosecution failed to prove the guilt beyond reasonable doubt, and the appellants are entitled to acquittal (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellants under Section 376(2)(g) IPC and Section 354 read with Section 34 IPC is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellants acquitted.
Law Points
- Gang rape
- Section 376(2)(g) IPC
- Section 354 IPC
- Section 34 IPC
- Appreciation of evidence
- Inconsistencies in prosecution case
- Benefit of doubt
