The central legal point established in the judgment is the importance of credible testimony, corroboration of subsequent conduct, and medical evidence in establishing the occurrence of the offense of rape beyond reasonable doubt.

1. This Jail Appeal is by Appellant-original accused (hereafter referred as “accused”) against his conviction in Sessions Case No.121 of 2013, awarded by Additional Sessions Judge, Dhule on 26th December 2014. The accused has been convicted to ten years rigorous imprisonment under Section 376 of the Indian Penal Code, 1860 (“IPC” in brief), and fine of Rs.5000/- and in default to suffer further simple imprisonment for two months. He has also been convicted under Section 201 of IPC to rigorous imprisonment of three years and fine of Rs.1000/- and in default, to suffer further simple imprisonment for ten days. Under Section 506 of the IPC, he has been convicted to suffer rigorous imprisonment for two years. All the sentences were directed to run concurrently and the fine amount, if realized, has been directed to be paid to the prosecutrix as compensation. Thus, this Appeal.

2. In a nut-shell, the case of prosecution can be stated to be as follows :-

(A) Prosecutrix in this matter is a rustic villager of Pimpral, Tq-Sindkheda. I will refer to her as “victim”. To conceal her identity, I will refer to her husband by merely using the word “husband”. The victim filed First Information Report (FIR) with Sindkheda Police Station on 10th April 2013 at 7.30 p.m. and Crime No.33 of 2013 came to be registered under Section 376, 506 of IPC. The victim reported that:

She reported that along with her husband and mother-in-law she was residing at Pimpral and doing agricultural labour work. Inspite of passage of one year after marriage, she did not conceive and her husband told her that wife of one of his friend Vinod Damu Bhil was also not conceiving and they had gone to Naval Jatan More (Bhil) (Bhagat) (accused) residing at Satare, Tq-Sindkheda and the said Naval Maharaj (reference is to accused) gave one bath to the wife and she was blessed by a son. The husband stated that they will also go to Satare to said Naval Maharaj and meet him and she can be given bath. Consequently, she and her husband, both went on the eve of Dandi Pournima to Satare and she was given first bath by said Naval Maharaj. Thereafter they were called at the time of Holi, at which time second bath was given. They were then told to come on 9th April 2013. They came back to Pimpral.

FIR states that on 9th April 2013, the victim along with her husband reached Satare in the evening by 6.00 p.m. They went to the hut, which is near Navnath Maharaj Temple. There, the accused along with his family was present. They had food there and slept at 10.00 p.m. The couple slept on a cot outside the hut. Thereafter on 10th April 2013 in the early morning at about 4.00 a.m. on the say of accused, victim and her husband got up. The accused was standing near the victim and he gave a lemon in her hand and asked her husband to wait there itself and that he will go and give bath to the victim. Thereafter the accused started walking ahead and the victim followed him. They reached nearby field where there was a drum and accused filled up a bucket of water and took her to well which is near the hillock. At about 4.30 a.m., the accused took the lemon from her hand and asked her to lie down on the ground and asked her if she wants a son or daughter. She stated that she wants a son. Thereafter accused removed his undergarment and told her not to shout or else he would throw her in the well. Then he pushed her saree upward and slept on her person and committed intercourse. He had kept his hands on her mouth and forcibly committed intercourse. Thereafter he poured water, which was in the bucket, on her head and told her that if she tells the incident to anybody, she and her husband would be killed by him. Then he asked her to go near the field to the place where water drum was there and asked her to take bath. The victim got afraid and went near the drum and took bath and washed the clothes she was wearing and wore another saree which she had brought along. Then they came back near the hut whic