Case Note & Summary
The appellant, Sadashio s/o Rengo Kotangale, was convicted by the Additional Sessions Judge, Bhandara, in Sessions Trial 82 of 2012 for offences punishable under Section 376 (rape) and Section 326 (voluntarily causing grievous hurt by corrosive substance) of the Indian Penal Code, 1860. He was sentenced to rigorous imprisonment for 7 years and fine of Rs. 1000 for rape, and rigorous imprisonment for 3 years and fine of Rs. 500 for the offence under Section 326 IPC. The appellant challenged the conviction before the Bombay High Court, Nagpur Bench. The prosecution case was that the appellant forcibly subjected the prosecutrix to sexual intercourse and poured corrosive substance (acid) into her vagina. The appellant's counsel argued that the judgment militated against the weight of evidence, as the prosecutrix's testimony was inconsistent with medical evidence and not corroborated, and the spot panchanama and investigating officer's evidence rendered the case suspect. The state supported the conviction. The High Court, after hearing both sides, found that the prosecution had not proved the case beyond reasonable doubt. The court noted inconsistencies between the oral evidence and medical evidence, and that the finding of pouring acid was not consistent with the evidence. Consequently, the court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant.
Headnote
A) Criminal Law - Rape - Section 376 IPC - Conviction set aside - Prosecution failed to prove forcible sexual intercourse beyond reasonable doubt - Medical evidence inconsistent with oral testimony of prosecutrix - Spot panchanama and investigating officer's evidence rendered prosecution case suspect - Held that conviction cannot be sustained (Paras 1-5). B) Criminal Law - Grievous Hurt by Corrosive Substance - Section 326 IPC - Conviction set aside - Finding that accused poured acid into vagina not consistent with oral and circumstantial evidence - Held that offence under Section 326 not made out (Paras 1-5).
Issue of Consideration
Whether the conviction of the appellant under Sections 376 and 326 IPC is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of offences under Sections 376 and 326 IPC. Fine, if paid, to be refunded.
Law Points
- Conviction under Section 376 IPC requires proof of forcible sexual intercourse beyond reasonable doubt
- medical evidence must corroborate oral testimony
- Section 326 IPC requires proof of grievous hurt by corrosive substance
- inconsistencies in prosecution case lead to acquittal
