A.M.AHMADI, M.FATHIMA BEEVI
State Of Maharashtra: Stree Atyachar Virodhi Parishad – Appellant
Versus
Chandra Prakash Kewal Chand Jain: Chandra Prakash Kewal Chand Jain, Police Sub-inspector, Police Station, Sitabuldi, Nagpur, Tehsil And District Nagpur – Respondent
What is the standard of proof and the admissibility of prosecutrix evidence in rape cases as discussed by the Supreme Court in this judgment? What is the Court’s stance on corroboration requirements for prosecutrix testimony in sexual offences involving a police officer as an accused? What are the consequences and reasoning for upholding the conviction and sentencing of a police officer for rape in this case?
Key Points: - The Court held that a prosecutrix in a sex-offence case is a competent witness under Section 118 and need not be corroborated in material particulars in all cases; corroboration is not an absolute requirement except in rare circumstances. (!) (!) (!) - The High Court’s requirement of corroboration for prosecutrix testimony in rape cases was rejected; the Court emphasized not denying credibility to prosecutrix and recognized that in cases involving a police officer, the dignity and vulnerability of the victim must be carefully weighed. (!) (!) (!) - The Court affirmed the trial Court’s conviction under Section 376 IPC and upheld the sentence, stating that a police officer committing rape warrants exemplary punishment and that the High Court’s acquittal was unjustified. (!) (!)
Judgment
AHMADI, J.:- This appeal by special leave is brought by the State of Maharashtra against the judgment of acquittal recorded by the Nagpur Bench of the High Court of Bombay (Maharashtra) reversing the conviction of the respondent Chandraprakash Kewalchand Jain, a Sub-Inspector of Police, under Section 376, I.P.C. for having committed rape on Shamimbanu, a girl aged about 19 or 20 years on 22nd August, 1981. The learned Additional Sessions Judge, Nagpur, came to the conclusion that the prosecution had brought home the charge under Section 376, I. P. C. and sentenced the respondent to suffer rigorous imprisonment for 5 years and to pay a fine of Rs. 1,000/-, in default to suffer rigorous imprisonment for 6 months. He was, however, acquitted of the charge under Section 342, I.P.C. The respondent challenged his conviction in appeal to the High Court. The High Court set aside the order of conviction and sentence imposed by the trial Court and acquitted the respondent. The State feeling aggrieved sought special leave to appeal. On the same being granted this appeal is before us.
2. Briefly the facts are that the parents of Shamimbanu were residing as tenants in a part of the buildi
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