Case Note & Summary
The appellant, Dilip Bharat Gavand @ Kanwa, was convicted by the Additional Sessions Judge, Mumbai, for the offence of rape under Section 376(2)(f) of the Indian Penal Code for raping a seven-year-old girl on 5 July 2012. The victim resided with her grandmother, parents, and brother. On the day of the incident, while the grandmother and brother went to fetch water, the appellant took the victim to a secluded place, pressed her mouth, removed her clothes, inserted his finger into her vagina, and committed rape. The victim freed herself and ran home, telling her grandmother. The grandmother took her to the hospital, and an FIR was lodged the same day. The trial court convicted the appellant and sentenced him to seven years' rigorous imprisonment and a fine. The appellant appealed, arguing that the victim's testimony was unreliable, there was delay in FIR, and medical evidence did not support rape. The High Court examined the evidence, including the victim's testimony, medical report showing healed hymen tear, and the grandmother's evidence. The court found the victim's testimony credible, consistent, and corroborated by medical evidence. The delay in FIR was explained by the grandmother's priority to seek medical treatment. The court held that the conviction was proper and dismissed the appeal.
Headnote
A) Criminal Law - Rape of Minor - Section 376(2)(f) Indian Penal Code, 1860 - Conviction based on child victim's testimony - The court held that the testimony of the seven-year-old victim, though a child witness, was credible, consistent, and corroborated by medical evidence showing injuries to her private parts. The conviction was upheld despite minor discrepancies. (Paras 1-17) B) Evidence Law - Child Witness - Credibility - The court held that a child witness can be relied upon if the testimony is trustworthy and corroborated by other evidence. The victim's deposition was found to be natural and without tutoring. (Paras 8-12) C) Criminal Procedure - Delay in FIR - Explanation - The court held that delay in lodging FIR was satisfactorily explained by the grandmother's concern for the child's health and family circumstances. The FIR was lodged on the same day after medical examination. (Paras 5-6)
Issue of Consideration
Whether the conviction of the appellant under Section 376(2)(f) of the Indian Penal Code for rape of a seven-year-old child is sustainable based on the evidence on record.
Final Decision
Appeal dismissed. Conviction and sentence of appellant under Section 376(2)(f) IPC upheld.
Law Points
- Testimony of child victim if credible can be sole basis for conviction
- Medical evidence corroborating sexual assault
- Delay in FIR explained by family circumstances
- Section 376(2)(f) IPC applies to rape of a child under 12 years
