Case Note & Summary
The appellant, Dharmesh @ Dharmendra Karshan Bhandari, was convicted by the Sessions Judge, Daman, for the offence punishable under Section 376 of the Indian Penal Code and sentenced to 7 years rigorous imprisonment and a fine of Rs. 5000/-. The case of the prosecution was that on 28th March 2012, the appellant, who was a driver of a Maruti van that picked up school children, lured the victim, an 11-year-old girl, took her to Narayan Park, molested and sexually abused her in the van, and then abandoned her. The victim was found later at a friend's house. The prosecution examined 7 witnesses, including the victim (PW-1) and her mother (PW-2). The appellant appealed against the conviction. The High Court examined the evidence and found material inconsistencies in the victim's testimony. The victim stated that the incident occurred on 26th March 2012, while the FIR and other evidence indicated 28th March 2012. She also stated that her nephew Karan accompanied her on the first occasion, but the nephew was not examined. The court noted that the victim's testimony was not corroborated by any independent witness and that the prosecution failed to explain the discrepancy in the date. The court held that the inconsistencies created reasonable doubt and that the prosecution had not proved the case beyond reasonable doubt. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Rape - Section 376 IPC - Conviction based on sole testimony of victim - Inconsistencies in victim's deposition regarding date of incident and presence of nephew - Held that such inconsistencies create reasonable doubt, and conviction cannot be sustained without corroboration (Paras 4-6). B) Evidence Act - Child Witness - Reliability - Testimony of minor must be scrutinized with care - Inconsistencies in victim's statement regarding date and time of incident - Held that minor's testimony cannot be the sole basis for conviction if it is not credible (Paras 4-6).
Issue of Consideration
Whether the conviction of the appellant under Section 376 of the Indian Penal Code for rape of a minor is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Conviction under Section 376 IPC requires corroboration of victim's testimony in cases of minor inconsistencies
- Benefit of doubt when prosecution evidence is contradictory
- Age of victim must be proved beyond reasonable doubt
