Case Note & Summary
The appellant, Ningappa S/o Basappa Cheliwadi, was convicted by the III Additional Sessions Judge, Gulbarga, in SC 125/2009 for the offence of rape under Section 376 IPC and sentenced to eight years rigorous imprisonment. The conviction was based on allegations that on 23.9.2008, the accused trespassed into the complainant's house and raped her at knife point, and on two other occasions (11.2.2008 and 12.12.2008) he outraged her modesty and threatened her. The complainant filed a complaint after three months, leading to Crime No.389/2008. The trial court framed charges under Sections 448, 323, 376, 354, 504, and 506 IPC, but convicted only under Section 376, acquitting the accused of other charges. The accused appealed. The High Court heard arguments that the complaint was delayed without explanation, there was no medical evidence to support rape, and the witnesses were interested. The prosecution argued that the rape was forcible and at knife point. The court, after considering the delay in FIR and lack of medical corroboration, found the prosecution case doubtful and set aside the conviction, allowing the appeal.
Headnote
A) Criminal Law - Rape - Delay in FIR - Lack of Medical Evidence - Conviction under Section 376 IPC set aside as the FIR was lodged after three months of the alleged incident and there was no medical evidence to support the prosecution case. The court held that the delay and absence of corroboration cast doubt on the prosecution's version. (Paras 1-4) B) Criminal Law - False Implication - Refusal of Marriage Proposal - The court considered the argument that the complaint was filed due to the accused's refusal to marry the victim, indicating a motive for false implication. (Para 4)
Issue of Consideration
Whether the conviction of the accused for rape under Section 376 IPC is sustainable in the absence of corroborative medical evidence and in view of the delay in lodging the FIR.
Final Decision
Appeal allowed. Conviction and sentence set aside. Accused acquitted.
Law Points
- Delay in lodging FIR
- lack of medical evidence
- interested witnesses
- false implication due to refusal of marriage proposal
