Case Note & Summary
The appellant, Kishor @ Vadya s/o Shivdas Koli, was convicted by the Additional Sessions Judge, Bhusawal, in Sessions Case No.100 of 2014 for offences punishable under Section 376 read with Section 511 and Section 448 of the Indian Penal Code, 1860 (IPC). He was sentenced to rigorous imprisonment for seven years and six months. The appellant appealed against this conviction before the Bombay High Court, Aurangabad Bench. The case arose from an incident where the appellant allegedly attempted to rape a minor girl, Jagruti Eshwar Baviskar, and committed house trespass. The prosecution examined several witnesses, including the victim, her father, and other relatives. However, the High Court found material inconsistencies in the prosecution evidence. The victim's testimony was not corroborated by other witnesses, and the medical evidence did not support the allegation of attempt to rape. The court noted that the prosecution failed to prove the case beyond reasonable doubt. Consequently, the High Court allowed the appeal, set aside the conviction, and acquitted the appellant of all charges.
Headnote
A) Criminal Law - Attempt to Rape - Section 376 read with Section 511 IPC - Inconsistent Evidence - The prosecution failed to prove the attempt to rape beyond reasonable doubt as the victim's testimony was contradicted by other witnesses and medical evidence did not support the allegation - Held that the appellant is entitled to acquittal (Paras 1-10). B) Criminal Law - House Trespass - Section 448 IPC - Lack of Proof - The charge of house trespass was not established as the prosecution witnesses gave contradictory versions regarding the appellant's entry into the house - Held that the conviction under Section 448 IPC is unsustainable (Paras 1-10).
Issue of Consideration
Whether the appellant is guilty of attempt to rape and house trespass under Sections 376 read with 511 and 448 of the Indian Penal Code, 1860.
Final Decision
The appeal is allowed. The judgment and order of conviction dated 06.03.2017 passed by the Additional Sessions Judge, Bhusawal, in Sessions Case No.100 of 2014 is set aside. The appellant is acquitted of the offences punishable under Sections 376 read with 511 and 448 of the Indian Penal Code. The appellant is directed to be set at liberty forthwith, if not required in any other case.
Law Points
- Attempt to rape requires clear evidence of intention and act towards commission
- mere preparation insufficient
- conviction under Section 376 IPC read with Section 511 IPC requires proof of attempt beyond reasonable doubt
- Section 448 IPC requires proof of criminal trespass with intent to commit offence
- benefit of doubt must be given to accused when prosecution evidence is inconsistent and unreliable.
