Case Note & Summary
The appellant, Shrikant Sukhdeo Borkar, was convicted by the 5th Additional Sessions Judge, Nagpur, for offences under Sections 376, 323, and 342 IPC and sentenced to rigorous imprisonment for seven years, three months, and three months respectively. The prosecution case alleged that on 1 June 2008, the appellant forcibly raped his sister-in-law (prosecutrix) at his in-laws' house after driving out his mother-in-law and children. The prosecutrix claimed she was slapped and assaulted before being subjected to forcible sexual intercourse. The appellant challenged the conviction in the Bombay High Court. The court examined the evidence, noting material contradictions between the prosecutrix's testimony and the FIR, and the medical evidence which did not support the allegations of rape. The court found the prosecutrix's testimony unreliable and the prosecution case improbable. The court also noted that the appellant and prosecutrix were living in the same house and the incident allegedly occurred in the afternoon, yet no immediate complaint was made. The court concluded that the prosecution failed to prove the case beyond reasonable doubt and acquitted the appellant of all charges.
Headnote
A) Criminal Law - Rape - Section 376 IPC - Conviction based on sole testimony of prosecutrix - Held that conviction can be based on sole testimony of prosecutrix if it is trustworthy, but in this case, the testimony suffers from material contradictions and improbabilities, and medical evidence does not support the allegations, hence conviction set aside (Paras 4-10). B) Criminal Law - Evidence - Material Contradictions - Held that the prosecutrix's testimony is inconsistent with the FIR and medical evidence, and the prosecution failed to explain the delay in lodging FIR, leading to doubt about the prosecution case (Paras 5-8). C) Criminal Law - Medical Evidence - Rape - Held that the absence of injuries on the prosecutrix and the medical report showing no signs of recent sexual intercourse are significant factors that weaken the prosecution case (Para 9).
Issue of Consideration
Whether the conviction of the appellant under Sections 376, 323, and 342 IPC is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. Fine, if paid, to be refunded.
Law Points
- Rape conviction requires corroboration of prosecutrix testimony
- material contradictions in evidence lead to acquittal
- medical evidence inconsistent with rape allegations
- false implication possibility considered
