Case Note & Summary
The case pertains to an appeal against the conviction of two appellants, Maroti Shivram Nilekar and Shamrao Murlidhar Thuse, under Section 376(2)(g) of the Indian Penal Code for gang rape. The incident allegedly occurred on 1 November 1996 when the prosecutrix, a 17-year-old girl, was returning home after collecting fodder. The appellants were accused of dragging her to a field and committing rape. The trial court convicted them and sentenced them to ten years of rigorous imprisonment. On appeal, the Bombay High Court examined the evidence and found significant inconsistencies in the prosecutrix's testimony, including contradictions regarding the time of the incident and the presence of other persons. The medical evidence did not support the allegation of rape, and no independent witnesses were examined. The court held that the prosecution failed to prove its case beyond reasonable doubt, and thus the appellants were entitled to the benefit of doubt. The appeal was allowed, the conviction was set aside, and the appellants were acquitted.
Headnote
A) Criminal Law - Gang Rape - Section 376(2)(g) IPC - Inconsistent Evidence - The appellants were convicted for gang rape but the High Court found material inconsistencies in the prosecutrix's testimony and lack of corroboration by independent witnesses. The court held that the prosecution failed to prove the case beyond reasonable doubt, and thus the appellants were entitled to acquittal. (Paras 1-10) B) Evidence Law - Testimony of Prosecutrix - Corroboration - The court noted that the prosecutrix's version was not supported by medical evidence or independent witnesses, and there were contradictions regarding the time and place of incident. Held that in the absence of reliable evidence, conviction cannot be sustained. (Paras 5-8)
Issue of Consideration
Whether the conviction of the appellants under Section 376(2)(g) of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
The appeal is allowed. The judgment and order dated 08.12.2004 passed by the 1st Ad-hoc Additional Sessions Judge, Gadchiroli in Sessions Trial No. 11/1997 is set aside. The appellants are acquitted of the offence punishable under Section 376(2)(g) of the Indian Penal Code. Their bail bonds stand cancelled.
Law Points
- Gang rape
- Section 376(2)(g) IPC
- Inconsistent evidence
- Benefit of doubt
- Acquittal
