Case Note & Summary
The appellant, Amir Nyamatkha Tadvi, was convicted by the 3rd Ad-hoc Additional Sessions Judge, Jalgaon, for the offence of rape under Section 376(2)(f) of the Indian Penal Code (IPC) and sentenced to life imprisonment. The victim was a 5-year-old girl. The incident occurred on 28 May 2002 at about 7:00 p.m. in the village Loni, Tahsil Jamner. The victim's father, Sanjay Mhaske (PW2), was sitting in the courtyard of his house when he heard the victim shouting 'Baba, Baba'. He, along with his elder brother and wife, rushed to the Samaj Mandir behind the house. They saw the appellant sitting with the victim on his thighs, giving jerks to commit rape. The victim was crying. On seeing them, the appellant pushed the victim aside and ran away. The elder brother chased him but he escaped through a field. The father noticed blood coming from the victim's private part. The victim disclosed that the appellant called her, removed her underwear, and made her sit on his thighs. The father then went to the police station and lodged an FIR. The appellant was arrested and charged. The trial court convicted him. The appellant appealed to the Bombay High Court. The High Court examined the evidence, including the testimony of PW2 (father), PW3 (victim's mother), PW4 (medical officer), and PW5 (investigating officer). The medical evidence confirmed injuries on the victim's private parts. The court found the prosecution witnesses credible and the medical evidence corroborative. The court held that the prosecution proved its case beyond reasonable doubt and dismissed the appeal, upholding the conviction and life sentence.
Headnote
A) Criminal Law - Rape of Minor - Section 376(2)(f) IPC - Life Imprisonment - Appeal against conviction for rape of a 5-year-old girl - The appellant was convicted under Section 376(2)(f) IPC and sentenced to life imprisonment - The High Court upheld the conviction based on the testimony of the victim's father (PW2) who witnessed the act, the medical evidence confirming injuries, and the prompt FIR - Held that the prosecution proved its case beyond reasonable doubt (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 376(2)(f) IPC for rape of a 5-year-old girl is sustainable on the basis of the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence of life imprisonment under Section 376(2)(f) IPC are upheld.
Law Points
- Rape of minor
- Life imprisonment
- Section 376(2)(f) IPC
- Testimony of child victim
- Medical evidence
- Corroboration
