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2016 Supreme(Bom) 1658
IN THE HIGH COURT OF BOMBAY AT AURANGABAD BENCH
A.I.S. Cheema, J.
Maroti @ Banaji s/o Anandrao Zalke - Appellant
Versus
The State of Maharashtra (Copy to be served through the Public Prosecutor, High Court of Judicature of Bombay, Bench at Aurangabad) - Respondent
Criminal Appeal No. 700 of 2015
Decided On : 20-09-2016
For the Appellant : Shri A.B. Shinde, Shri A.M. Gaikwad.
For the Respondent: Shri R.B. Bagul.
The reliability of victim testimony, corroboration of evidence, and age determination are crucial in establishing guilt in rape cases.
Headnote:
Rape - Prosecution of Accused - Indian Penal Code, 1860, Section 366, Section 376(2), Protection of Children from Sexual Offences Act, 2012 - 3, 4
Fact of the Case:
The appellant was convicted for kidnapping and raping a minor. The victim initially filed a complaint under Section 354 of the IPC, but later claimed she had been raped. The trial court found the accused guilty based on the victim's testimony, medical evidence, and corroborating witness statements.
Finding of the Court:
The trial court found the victim's testimony reliable, supported by medical evidence and witness statements. The court dismissed the defense's arguments and acquitted the accused.
Issues: Reliability of victim's testimony, corroboration of evidence, contradictions and omissions in victim's statements, age determination of the victim
Ratio Decidendi: The court relied on the victim's consistent testimony, medical evidence, and witness statements to establish the guilt of the accused. The court also determined the victim's age based on school records and rejected the defense's arguments.
Final Decision: The appeal was dismissed, and the accused's conviction was upheld.
A.I.S. Cheema, J.
The appellant - original accused has been convicted by Additional Sessions Judge-1, Nanded in Special (POSCO) Case No.6/2013 under Section 366 of the Indian Penal Code, 1860 (I.P.C. in brief) and has been sentenced to suffer rigorous imprisonment for 10 years and to pay fine of Rs. 5000/- and in default to suffer simple imprisonment for six months. He has also been convicted under Section 376(2) of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 10 years and to pay fine of Rs. 5000/- and in default to suffer simple imprisonment for six months. The sentences have been directed to run concurrently. The trial Court found the accused guilty also under Section 3 read with 4 of the Protection of Children from Sexual Offences Act, 2012 (Act, in brief), but did not pass separate sentence. Thus the present appeal.
2. In short the case of prosecution is as under :
(a) On 12.6.2013, the prosecutrix, claiming to be minor of 17 years of age (hereinafter referred as "victim") filed F.I.R. at Police Station, Tamsa, District Nanded, claiming that she had come to Gawatwadi, her native place. It appears that, she was taking education at Patan, District Satara and had in holidays, come to Gawatwadi, Taluka Hadgaon, District Nanded. The F.I.R. claimed that, on 11.6.2013, at about 11.00 a.m., she was proceeding to the place of her uncle to bring vegetables and was going alone, at which time accused Maroti @ Banaji Anandrao Zalke came from behind and having pressed her mouth, grappled with her in spite of resistance and started dragging her in the house of one Kantabai Zalke. She shouted and he left her and went away. She claimed that, with evil motive, the accused had pressed her mouth and grappled with her and tried to drag her to the house of Kantabai and thus, the complaint. Offence was registered at Crime No.24 of 2013 (Exh.17) at about 7.45 a.m. on 12.6.2013.
(b) The investigation was taken over by Head Constable Wavde, but in a short while after the offence was registered, the victim, who had filed the complaint, entered the chamber of A.S.I. Sanjivan Mirkale (P.W.5) and claimed that she had been actually raped. This led to recording of supplementary statement Exh.18. In such statement, the victim claimed that she is staying at Patan and for summer vacation, had come to her village where her parents and other family resides and that she had already filed report regarding outraging of modesty. The supplementary statement (Exh.18) refers to the contents of the F.I.R. which she had already filed and added that, at that time, she was in disturbed mental condition and was in frightened state. She then went on to add that on 11.6.2013 at about 11.00 a.m., she was proceeding towards the house of her uncle Tukaram Wagatkar and was going by road and that she was alone. At that time, accused Maruti @ Banaji Zalke, who is of the same village, took advantage of the fact that there was nobody else on the road and came from behind the victim and pressed her mouth and actually dragged her to the house of Kantabai Zalke and having taken her inside the house, he tied her hands and mouth and opened the string of her Salwar and put her on quilt which was on the floor. The F.I.R. then gives details as to the clothes which the accused was wearing and how he pushed down his own pant and underwear and forcibly committed intercourse on her. Victim claimed that she had resisted when such acts were committed against her and even kicked the accused.
(c) P.W.5 AS.I. Sanjivan Mirkale added Section 376 to the offence as well as Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012. He went to the spot and did panchanama of the concerned house (Exh.34). He seized the quilt which was lying on the ground. The clothes of the victim as well as the accused were seized. The victim and the accused were medically got examined. The investigating officer got collected through doctor the blood samples of pubic ha
