Case Note & Summary
The appellants, Vinod Baku Jadhao and Sunil Raju Jadhao, were convicted by the Special Judge, Wardha for the offence of gang rape under Section 376D of the Indian Penal Code and sentenced to rigorous imprisonment for 20 years and a fine of Rs. 10,000 each, with default sentence. The prosecution case was that on 26-09-2014 at about 5.15 to 5.30 a.m., the victim, a 16-year-old girl, went to pluck flowers near Gode grounds. The appellants caught hold of her, took her inside the ground, gagged her, and committed sexual intercourse with her. The victim reported the incident to her parents and later lodged an FIR. Medical examination confirmed sexual intercourse. The appellants were arrested and an identification parade was conducted. The trial court convicted them. In appeal, the High Court examined the evidence, particularly the testimony of the victim (PW1), which it found credible and trustworthy. The court noted that minor inconsistencies and delay in lodging the FIR did not affect the prosecution case. The medical evidence corroborated the victim's testimony. The court held that the conviction under Section 376D IPC was sustainable and dismissed the appeal, confirming the sentence.
Headnote
A) Criminal Law - Gang Rape - Section 376D Indian Penal Code, 1860 - Conviction based on sole testimony of victim - The victim's testimony was found to be credible, trustworthy, and corroborated by medical evidence. Minor inconsistencies and delay in lodging FIR were not fatal. Held that conviction under Section 376D IPC is sustainable (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellants under Section 376D of the Indian Penal Code for gang rape is sustainable based on the evidence on record.
Final Decision
The High Court dismissed the appeal and confirmed the conviction and sentence of the appellants under Section 376D IPC.
Law Points
- Gang rape
- Section 376D IPC
- Testimony of victim
- Corroboration by medical evidence
- Identification parade
- Delay in lodging FIR
- Minor inconsistencies
