Case Note & Summary
The appellant, Rajesh @ Venkatesha @ Raja @ Raju, was convicted by the District and Sessions Judge, Kodagu, Madikeri, in Sessions Case No.58/2006 for offences under Sections 376(2)(f), 323, and 506(ii) of the Indian Penal Code, 1860 (IPC). He was sentenced to rigorous imprisonment for ten years and a fine of Rs.35,000 for rape, and simple imprisonment for six months each for the other offences. The appellant appealed under Section 374 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Court of Karnataka. The prosecution alleged that the appellant committed rape on a girl below 12 years of age, beat her, and threatened her. The High Court examined the evidence, including the testimony of the prosecutrix (PW-1) and medical evidence. The court found that the prosecutrix's testimony was inconsistent and unreliable. The medical evidence did not support the allegation of rape as no injuries were found on the victim's private parts. The court also noted that the prosecutrix had not disclosed the incident to her mother immediately and there were contradictions in her statements. The High Court held that the prosecution failed to prove the guilt of the appellant beyond reasonable doubt. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted of all charges.
Headnote
A) Criminal Law - Rape - Section 376(2)(f) IPC - Conviction set aside - Prosecutrix's testimony was inconsistent and not corroborated by medical evidence - The alleged victim was below 12 years but the court found the evidence unreliable - Held that the prosecution failed to prove the case beyond reasonable doubt (Paras 1-10). B) Criminal Law - Voluntarily Causing Hurt - Section 323 IPC - Conviction set aside - No independent evidence of hurt - The alleged incident of beating was not proved - Held that the conviction under Section 323 IPC is unsustainable (Paras 1-10). C) Criminal Law - Criminal Intimidation - Section 506(ii) IPC - Conviction set aside - No credible evidence of threat - The prosecutrix's version was not trustworthy - Held that the conviction under Section 506(ii) IPC is also unsustainable (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Sections 376(2)(f), 323, and 506(ii) of IPC is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Conviction for rape requires reliable and consistent testimony of prosecutrix
- corroborated by medical evidence
- Section 376(2)(f) IPC applies to rape of a woman under 12 years
- Section 323 IPC for voluntarily causing hurt
- Section 506(ii) IPC for criminal intimidation
- Benefit of doubt when prosecution fails to prove guilt beyond reasonable doubt.
