Case Note & Summary
The appellant, Rajesh s/o Kewalramji Chute, was convicted by the Sessions Judge, Bhandara, for offences under Section 376 IPC (rape) and Section 506 IPC (criminal intimidation) and sentenced to rigorous imprisonment for three years and a fine of Rs. 2000 respectively. The prosecution case was that the appellant, who is the brother-in-law of the prosecutrix, dragged her to his residence at noon in a crowded locality, threatened her, and raped her for 10-15 minutes. The appellant appealed to the High Court. The High Court noted that there was admitted bad blood between the parties due to a property dispute: the appellant was in possession of the major portion of ancestral agricultural land, while the prosecutrix and her husband (the appellant's brother) cultivated only one acre and lived separately. The court found several circumstances that made the prosecution case inherently improbable: no injuries on the prosecutrix or her genitalia, no signs of injury on the accused, no broken bangles or signs of forcible intercourse at the spot, and the improbability of a rape occurring at noon in a crowded locality without anyone hearing or intervening. The court held that the defence of false implication was more than probabilised on the touchstone of preponderance of probabilities. The court also considered the State's reliance on Vijay v. State of Madhya Pradesh regarding absence of injuries not being decisive, but found that the cumulative circumstances outweighed that principle. The appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Rape - Section 376 IPC - False Implication - The court considered whether the conviction for rape was sustainable when the prosecutrix's testimony was not implicitly reliable and the circumstances suggested false implication due to property disputes - Held that the defence of false implication was probabilised on preponderance of probabilities, and the conviction was set aside (Paras 3-5).
Issue of Consideration
Whether the conviction of the appellant under Section 376 IPC is sustainable given the inherent improbability of the prosecution case and the possibility of false implication.
Final Decision
Appeal allowed. The judgment and order dated 6.6.2012 in Sessions Trial 52 of 2010 is set aside. The appellant is acquitted of the offences under Sections 376 and 506 IPC. The bail bonds stand cancelled.
Law Points
- Preponderance of probabilities
- False implication
- Inherent improbability
- Testimony of prosecutrix
- Absence of injuries
