Case Note & Summary
The High Court allowed the criminal appeal filed by Appellant against his conviction and life imprisonment under Section 376(3) of the Indian Penal Code, 1860 (IPC) for alleged rape of a minor. The Court found fundamental procedural defects as the Trial Court had framed charge under Section 376(2)(i) of IPC which had been deleted by amendment in 2018, making it a non-existent provision. The conviction was recorded under this deleted provision while sentence was imposed under Section 376(3)- No prejudice caused to accused-- Conviction altered-- Appeal disposed of
Headnote
Criminal Law-- Indian Penal Code, 1860-- Sections 376(3),376(2)(i) &(n)-- Protection of children from sexual offences Act, 2012(POCSO)-- Sections 5(1) and 6-- Rape on minor girl aged 13 years-- Complaint-- Conviction-- Appeal against conviction preferred by convict/accused-- Contention raised by appellant side that the error committed by trial court in framing of charge u/s 376(2)(i) of IPC which is already deleted in 2018-- Contentions of fundamental procedural defect and also challeged on other counts-- Once the judicial conscience of the court is satisfied that the evidence of the prosecution inspire confidence, further corroboration of not require-- Testimony of victim found believable-- Prosecution proved that the age of victim was 13 years at relevant time-- Consent of victim irrelevant-- Mother of victim and headmistress supported the case of prosecution-- Medical evidence sufficiently corroborate the victim's version-- Ocular evidence always prevails over medical evidence-- Clear evidence as to victim was confined by accused- Cases referred-- No prejudice caused to the appellant even on count of error in framing of charge-- Awarness on the part of appellant about ingredients of offence-- No prejudice caused to the appellant -- Ingredients of offence is same-- Proper appreciation of evidence-- No benefit to appellant for his contention as to technical error in framing of charge as no prejudice caused to him-- Conviction altered to u/s 376(3) of IPC- Conviction under POCSO maintained-- Appeal disposed of Para-- 35, 37, 38, 39, 43, 44, 49, 52, 54, 61 and 62
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Issue of Consideration: The Issue of consideration was whether the conviction under Section 376(3) of the Indian Penal Code, 1860 (IPC) was sustainable given procedural defects in charge framing and evidentiary inconsistencies
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Final Decision
The High Court allowed the appeal, set aside the conviction and sentence imposed by the Trial Court, and acquitted the appellant
