Case Note & Summary
The State of Maharashtra appealed against the acquittal of Amit Dhanraj Kadamdhad and Umesh Dhanraj Kadamdhad (respondents) by the Adhoc Additional Sessions Judge, Nagpur in Sessions Trial No. 19 of 2006. The accused were charged with offences under Sections 376 (rape), 109 (abetment), 306 (abetment to suicide) read with Section 34 of the Indian Penal Code, and Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The case arose from the death of Ranjana, daughter of complainant Chandrabhaga Shankarrao Dhurve. According to the prosecution, in May 2006, the complainant saw accused Amit sitting on Ranjana and committing rape in a cattle shed. Ranjana later set herself on fire and died. The trial court acquitted the accused, leading to this appeal. The High Court examined the evidence, including the testimony of PW9 Chandrabhaga, PW6 Dr. Suvarna Sapkal, and the dying declaration. The court found that the dying declaration was inconsistent with the medical evidence and other testimony. The medical report showed no injuries on the victim or accused, and chemical analysis was negative. The court held that the prosecution failed to prove the charges beyond reasonable doubt. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Acquittal Appeal - Standard of Proof - The appellate court will not interfere with an acquittal unless the findings are perverse or based on no evidence. The presumption of innocence is strengthened by acquittal. (Paras 1-5) B) Evidence Law - Dying Declaration - Credibility - A dying declaration must be reliable and free from tutoring. Inconsistencies between the dying declaration and other evidence render it unreliable. (Paras 6-10) C) Criminal Law - Rape - Medical Evidence - Absence of injuries on the victim or accused and negative chemical analysis reports weaken the prosecution case. (Paras 11-15) D) Criminal Law - Abetment to Suicide - Ingredients - To prove abetment, there must be direct or indirect instigation. Mere allegation of rape without proximate link to suicide is insufficient. (Paras 16-20)
Issue of Consideration
Whether the acquittal of the accused for offences under Sections 376, 109, 306 read with Section 34 IPC and Section 3(1)(xii) of the SC/ST Act is sustainable in law.
Final Decision
Appeal dismissed. Acquittal of respondents upheld.
Law Points
- Acquittal appeal
- standard of proof
- dying declaration
- medical evidence
- corroboration
- presumption of innocence
