Back
ABHAY S. WAGHWASE
Bhaulal S/o. Dokraji Reswal – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
1. Convict for offence under Section 376 of the Indian Penal Code (IPC) is hereby questioning the judgment and order dated 21-10-2002 passed by II Additional Adhoc Sessions Judge, Aurangabad in Sessions Case No.103 of 2001.
FACTS IN BRIEF LEADING TO TRIAL
2. Six years old daughter of informant was unwell. She was taken to Doctor, who prescribed medicines, but there was no improvement. Informant called his brother, who advised bringing an occultist as he suggested that deceased daughter was possessed by evil force. Informant conceded and his brother brought accused, who claimed himself to be a Mantrik and he assured to treat deceased upon charging Rs.250/-. He directed informant to purchase necessary material and under the pretext of exorcising and driving out spirit, he committed rape on the minor. Her condition worsened and while being taken to the native, in the journey itself, she breath her last. Parents performed last rituals and later on informant came back to Aurangabad and lodged report, which was made the basis of registering crime bearing no.24 of 2001 for offence under Sections 302 and 376 of the IPC.
PW8 Nikam (PSI) and PW9 Muthe (PI), both Police Officers conduc
The direct evidence of the rape was found to be cogently established, and the delay in lodging the FIR was considered reasonable given the circumstances.
Murder and rape of minor girl – Law does not make it imperative for prosecution to corroborate its case by adducing medical evidence – When direct evidence inspires confidence, case of prosecution ca....
Consent given by a mentally unsound person is invalid in law, and the delay in lodging an FIR in rape cases does not automatically undermine the prosecution's case if satisfactorily explained.
The judgment emphasizes the importance of the victim's reliable and confident statement, the significance of discrepancies, belated reporting, and lack of corroboration and support from family member....
Conviction for sexual offences can be based solely on the victim's credible testimony, without corroboration, if the evidence is clear and consistent; defendants must prove material inconsistencies f....
The absence of medical evidence does not preclude conviction for rape if the victim's testimony is credible and consistent.
The prosecution failed to prove the case beyond reasonable doubt due to inconsistencies in the victim's testimony and unnatural conduct of the victim and her mother.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
