Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Bom) 1012

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Sarang V. Kotwal, J.
Nitin Maruti Nanaware – Appellant
Versus
State of Maharashtra – Respondent
Criminal Appeal No. 819 of 2019, Interim Application No. 259 of 2011
Decided On : 19-01-2023

Advocates appeared:
Ashish Vernekar, Advocate, Satyavrat Joshi, Advocate, M.R.Tidke, Advocate, Aniesh S.Jadhav, Advocate, Rushikesh Kekane, Advocate

The credibility of witness testimonies, especially that of the victim, and the importance of corroborating evidence such as medical reports and chemical analysis in establishing guilt in criminal cases.

Headnote:
Indian Penal Code - Conviction u/s 363, 366A, 376(2)(f), 506(2) - [363, 366A, 376(2)(f), 506(2)] - The court discussed the evidence, including witness testimonies, medical reports, and chemical analysis, to establish the guilt of the appellant. The victim's immediate disclosure, corroborated by medical evidence and chemical analysis, supported the prosecution's case. The court found the identification of the appellant in the Test Identification Parade and in the Court to be crucial, and the victim's identification was deemed credible. The court rejected the appellant's defense of total denial and lack of evidence to support his alibi. The court upheld the conviction and sentence imposed by the Trial Court.
Fact of the Case:

The victim, a 9-year-old, was raped by the appellant after being lured to an under-construction building. The victim immediately disclosed the incident to her parents, leading to the filing of an FIR. The prosecution presented evidence including witness testimonies, medical reports, and chemical analysis to establish the guilt of the appellant.
Finding of the Court:

The court found the victim's immediate disclosure, corroborated by medical evidence and chemical analysis, to support the prosecution's case. The court deemed the identification of the appellant in the Test Identification Parade and in the Court to be crucial, and the victim's identification was deemed credible. The court rejected the appellant's defense of total denial and lack of evidence to support his alibi. The court upheld the conviction and sentence imposed by the Trial Court.
Issues: The key issue was the credibility of the victim's testimony and the identification of the appellant. The court also considered the appellant's defense of total denial and lack of evidence to support his alibi.
Ratio Decidendi: The victim's immediate disclosure, corroborated by medical evidence and chemical analysis, supported the prosecution's case. The court found the identification of the appellant in the Test Identification Parade and in the Court to be crucial, and the victim's identification was deemed credible. The court rejected the appellant's defense of total denial and lack of evidence to support his alibi.
Final Decision: The court upheld the conviction and sentence imposed by the Trial Court, dismissing the appeal and rejecting the appellant's plea for leniency in sentencing.

JUDGMENT

1. The Appellant has challenged the Judgment and Order dtd. 08/01/2019 passed by the Additional Sessions Judge, Pune in Sessions Case No.24/2013. By the impugned Judgment and Order, the Appellant was convicted as follows ;

(a) He was convicted for commission of offence punishable u/s 363 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment of 3 years and to pay a fine of Rs.2,000.00 and in default of payment of fine to suffer simple imprisonment for two months.

(b) He was also convicted u/s 366A of the Indian Penal Code and was sentenced to suffer rigorous imprisonment of five years and to pay a fine of Rs.3,000.00 and in default of payment of fine to suffer simple imprisonment for three months.

(c) He was further convicted u/s 376(2)(f) of the Indian Penal Code and was sentenced to suffer rigorous imprisonment of twelve years and to pay a fine of Rs.15,000.00 and in default of payment of fine to suffer simple imprisonment for six months.

(d) He was further convicted u/s 506(2) of the Indian Penal Code and was sentenced to suffer rigorous imprisonment of two years and to pay a fine of Rs.1,000.00 and in default of payment of fine to suffer simple imprisonment for one month. (e) All the sentences were directed to run concurrently. (f) The Appellant was given set off u/s 428 of Cr.P.C. (g) The victim was given compensation of Rs.10,000.00 out of the fine amount.

2. Heard Mr. Ashish Vernekar, learned counsel for the Appellant, Mr. Aniesh S. Jadhav, learned counsel for the Respondent No.2 and Smt. M. R. Tidke, learned APP for the State.

3. The prosecution case is that the victim's date of birth was 14/01/2003. The incident took place on 28/05/2012. Therefore at the time of incident, the victim was barely 9 year old. On that day, in the evening, the victim's mother sent her to buy some groceries. The Appellant was standing near the grocery shop with his motorcycle. He offered to drop the victim to her house. He requested her to show a particular place as he was new to that area. The victim agreed to help him. She sat on his motorcycle. The Appellant then took her to an under construction building on the second floor at a secluded spot and committed rape on her. He threatened her at the point of knife. After that, he dropped her near her house. The victim told this incident to her mother. In the meantime the victim's father was searching for her. The victim's mother called him and informed about the incident. He rushed home. He enquired with the victim and then went to the police station and lodged his FIR. The offence was registered at Sahakarnagar police station vide C.R.No.199/2012. The victim was sent for medical examination. Her clothes were seized. On the basis of description given by her, sketch of the offender was drawn. The Appellant was arrested in connection with C.R.No.154/2012 registered with Bharati Vidyapith police station. He was arrested on 10/09/2012. The officers of Sahakar Nagar police station got his custody through the transfer warrant. His clothes were seized as they were recovered at his instance. Even the knife was recovered at his instance. The articles were sent for Chemical Analysis. The statement of witnesses were recorded. Various Panchanamas were conducted. At the conclusion of the investigation, the charge-sheet was filed. The case was committed to the Court of Sessions at Pune.

4. During trial, the prosecution examined in all 13 witnesses including the victim, her parents, Medical Officer, the carrier of articles to C.A., the Panchas, the Professor who drew sketch of the Appellant and the police officers.

5. The defence of the Appellant was of total denial. In his statement u/s 313 of Cr.P.C. he has stated that the victim was brought to the police station and she had stated that the Appellant was not the offender. On 28/05/2012 he was present in his office. At that time, he was having his working shift at 07.00 p.m. and he was on his duty. False case was filed against him d