Case Note & Summary
The appellant, Hemraj s/o Fulchand Patle, was convicted by the Additional Sessions Judge, Gondia, for offences under Sections 448, 323, 376 and 506 of the Indian Penal Code, 1860, and sentenced to rigorous imprisonment for ten years for rape, along with other sentences. The prosecution case was that on the night of 22-23 August 2013, the appellant entered the house of the prosecutrix, a 40-year-old woman, and forcibly committed sexual intercourse with her. The prosecutrix alleged that her husband entered the room during the act, caught the appellant, and other relatives gathered. The appellant challenged the conviction on the ground that the evidence was contradictory and improbable. The High Court analyzed the testimony of the prosecutrix and her husband and found material contradictions. The prosecutrix stated that her husband was present in the room and caught the appellant, but her husband testified that he was outside attending a kirtan and came only after hearing shouts. The court found this contradiction fatal to the prosecution case. Additionally, the court noted that the prosecutrix's claim that she could not shout due to loud kirtan and rain was inconsistent with her husband hearing her shouts. The court also observed that the medical evidence did not support the prosecution case. Consequently, the court held that the prosecution failed to prove its case beyond reasonable doubt and allowed the appeal, setting aside the conviction and acquitting the appellant.
Headnote
A) Criminal Law - Rape - Conviction based on uncorroborated testimony - Testimony of prosecutrix must be reliable and inspire confidence - If testimony is improbable and full of contradictions, conviction cannot be sustained - Indian Penal Code, 1860, Sections 376, 448, 323, 506 - The court held that the prosecutrix's testimony was not reliable due to material contradictions regarding the presence of her husband and the sequence of events, and the prosecution failed to prove the case beyond reasonable doubt (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Sections 448, 323, 376 and 506 of the Indian Penal Code is sustainable in law based on the evidence on record.
Final Decision
Appeal allowed. The judgment and order dated 13 December 2017 passed by the Additional Sessions Judge, Gondia in Sessions Trial No. 151 of 2013 is set aside. The appellant is acquitted of all charges. His bail bonds stand discharged.
Law Points
- Conviction based on uncorroborated testimony of prosecutrix can be sustained if it is reliable and inspires confidence
- but if the testimony is found to be improbable and full of contradictions
- it cannot form the basis of conviction
- the burden of proof lies on the prosecution to prove its case beyond reasonable doubt
- the court must scrutinize the evidence carefully in cases of sexual offences.
