Case Note & Summary
The State of Maharashtra appealed against the acquittal of Shivaji Ghodekar and Dr. Shubhangi Chinnawar in Sessions Case No. 123/2001. The case arose from an FIR lodged on 27.02.2001 by the victim's mother alleging that respondent No.1 raped her daughter, a minor, and respondent No.2 performed an illegal abortion. The trial court acquitted both accused. The High Court, in appeal, examined the evidence. The victim's mother turned hostile and did not support the prosecution. The victim herself was not examined. Medical evidence did not indicate rape or recent sexual activity. The FIR was filed after a delay of about three months without explanation. The court found no corroboration for the allegations. The appeal was dismissed, upholding the acquittal.
Headnote
A) Criminal Law - Rape - Section 376 IPC - Acquittal - Prosecution witnesses turned hostile, FIR delayed by 3 months, medical evidence did not support rape - Held that acquittal was proper as prosecution failed to prove case beyond reasonable doubt (Paras 1-14).
B) Criminal Law - Abortion - Section 314 IPC - Acquittal - No evidence that accused performed illegal abortion; victim's mother turned hostile - Held that acquittal was justified (Paras 1-14).
C) Criminal Law - SC/ST Act - Sections 3(1)(2)(5)(12) - Acquittal - No evidence of caste-based discrimination or atrocity - Held that acquittal was correct (Paras 1-14).
Issue of Consideration
Whether the acquittal of the accused for offences under Sections 376, 314 r/w 34 IPC and Sections 3(1)(2)(5)(12) of the SC/ST Act was justified based on the evidence on record.
Final Decision
The appeal is dismissed. The judgment and order of acquittal passed by the learned Adhoc District Judge, Nanded in Sessions Case No. 123/2001 dated 27.04.2006 is confirmed.
Law Points
- Acquittal upheld due to hostile witnesses
- delayed FIR
- lack of corroboration
- medical evidence not supporting rape
- benefit of doubt
Case Details
2018 LawText (BOM) (04) 23
Criminal Appeal No. 570 of 2006
T. V. Nalawade, K. L. Wadane
Mr. M.M. Nerlikar (APP for appellant), Mrs. S.G. Chincholkar (Advocate for respondents)
Shivaji s/o Shankar Ghodekar and Dr. Sow. Shubhangi w/o Pradeep Chinnawar
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal appeal against acquittal in a case of rape and illegal abortion.
Remedy Sought
The State of Maharashtra sought reversal of the acquittal and conviction of the respondents.
Filing Reason
The appellant challenged the judgment of acquittal passed by the Adhoc District Judge, Nanded in Sessions Case No. 123/2001.
Previous Decisions
The trial court acquitted the respondents of all charges on 27.04.2006.
Issues
Whether the acquittal of the accused for offences under Sections 376, 314 r/w 34 IPC and Sections 3(1)(2)(5)(12) of the SC/ST Act was justified based on the evidence on record.
Submissions/Arguments
The appellant argued that the trial court erred in acquitting the accused despite sufficient evidence.
The respondents argued that the prosecution witnesses turned hostile and the evidence was insufficient to prove guilt beyond reasonable doubt.
Ratio Decidendi
The prosecution failed to prove the case beyond reasonable doubt as the material witnesses turned hostile, the FIR was delayed without explanation, and medical evidence did not support the allegations of rape or illegal abortion. Hence, the acquittal was justified.
Judgment Excerpts
The appellant has challenged the judgment and order delivered by the learned Adhoc District Judge, Nanded in Sessions Case No.123/2001 dated 27.04.2006, by which the accused persons i.e. respondent Nos.1 and 2 are acquitted from the charges punishable under section 376, 314 r/w 34 of the Indian Penal Code and under sections 3(1)(2)(5)(12) of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities)Act, 1989.
Procedural History
The case originated from FIR No. 27/2001 lodged on 27.02.2001 at Kinwat Police Station. After investigation, chargesheet was filed and the case was committed to Sessions Court. The trial court acquitted the accused on 27.04.2006. The State appealed to the High Court on 12.04.2018.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 376, 314, 34
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: 3(1)(2)(5)(12)
