Case Note & Summary
The appellant, Ganga Prasad Mahto, was convicted under Section 376 of the Indian Penal Code, 1860 for allegedly raping the prosecutrix (PW3) on the night of 14 December 1997. The prosecutrix lodged a complaint on 15 December 1997 alleging that the appellant entered her house, threatened her with a pistol, and committed rape. The trial court sentenced him to seven years' rigorous imprisonment, which was upheld by the Patna High Court. The Supreme Court, however, allowed the appeal and acquitted the appellant. The Court found that the prosecution failed to prove the case beyond reasonable doubt due to several reasons: the prosecutrix was not medically examined; no doctor was examined; the prosecutrix had a history of making similar false complaints; there was enmity between the appellant and the prosecutrix's husband; the sole eyewitness (PW2) was a chance witness; and the husband (PW1) was not present at the time of the incident. The Court held that the evidence was insufficient to sustain the conviction and set aside the concurrent findings of the lower courts.
Headnote
A) Criminal Law - Rape - Section 376 IPC - Burden of Proof - Prosecution must prove guilt beyond reasonable doubt - In absence of medical examination, lack of corroboration, and evidence of habitual false complaints, conviction cannot be sustained - Held that the prosecution failed to prove the case of rape beyond reasonable doubt (Paras 10-13).
Issue of Consideration
Whether the courts below were justified in convicting the appellant under Section 376 IPC based on the evidence adduced.
Final Decision
Appeal allowed. Impugned order set aside. Appellant acquitted from all charges and set free. Bail bonds discharged.
Law Points
- burden of proof beyond reasonable doubt
- necessity of medical examination in rape cases
- credibility of habitual false complaints
- enmity as motive for false implication
- chance witness testimony insufficient
Case Details
Criminal Appeal No.526 of 2019 (Arising out of S.L.P.(Crl.) No.8664 of 2014)
Abhay Manohar Sapre, Dinesh Maheshwari
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Nature of Litigation
Criminal appeal against conviction for rape under Section 376 IPC.
Remedy Sought
Appellant sought acquittal from the Supreme Court against concurrent conviction and sentence.
Filing Reason
Appellant was convicted for rape based on complaint by prosecutrix (PW3) alleging that he entered her house, threatened with pistol, and committed rape.
Previous Decisions
Sessions Judge convicted appellant and sentenced to 7 years RI; High Court upheld conviction.
Issues
Whether the prosecution proved the case of rape beyond reasonable doubt.
Whether the courts below erred in convicting the appellant without medical evidence and in light of doubtful testimony.
Submissions/Arguments
Appellant argued that the prosecution failed to prove the case beyond reasonable doubt due to lack of medical evidence, habitual false complaints by prosecutrix, and enmity.
Respondent (State) supported the concurrent findings of the lower courts.
Ratio Decidendi
In a rape case, the prosecution must prove guilt beyond reasonable doubt. Absence of medical examination, evidence of habitual false complaints, enmity between parties, and reliance on chance witness testimony render the prosecution case doubtful, warranting acquittal.
Judgment Excerpts
In our considered opinion, the prosecution has failed to prove the case of rape alleged against the appellant at the instance of the complainant(PW3).
First, the complainant was not examined by the Doctor after the alleged incident.
it was not disputed that similar type of complaints were being made in past by the complainant against other persons also and such complaints were later found false
there was enmity between the appellant and the husband of the prosecutrix
the prosecutrix was in habit of implicating all the persons by making wild allegations of such nature
Procedural History
FIR lodged on 15.12.1997. Sessions Trial No.233 of 1999 resulted in conviction on 24.04.2002. Appeal to Patna High Court (Crl.A. No.251 of 2002) dismissed on 30.01.2014. Supreme Court granted leave and allowed appeal on 26.03.2019.
Acts & Sections
- Indian Penal Code, 1860: 376
