Appeal against acquittal in rape case where victim-wife of same police officer. High Court found internal contradictions regarding delay and injuries, holding appeal devoid of merit and dismissing it summarily without detailed scrutiny.
Appeal dismissed summarily.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.
CRIMINAL APPEAL NO.138 OF 2012
Mrs. Vaishali w/o Vijaykumar Wakase, aged about 37 years, Occupation – Nil, R/o Quarter No.1/70/2. Defence Colony, Ambazari, Nagpur. …. APPELLANT
VERSUS
(1) Gitaram s/o Laxman Shewale, Aged about 36 years, Occupation – Service, R/o Vishwanayan Apartment, New Palace, Ramanmala, District – Kolhapur.
(2) The State of Maharashtra, through, Police Station Officer, Police Station Wadi, Nagpur. …. RESPONDENTS
Mr. A.K. Choube, Advocate for the appellant, Mr. R.R. Vyas, Advocate for respondent No.1, Mr. R.S. Nayak, Addl.P.P. for respondent No.2.
CORAM : P.V. HARDAS & M.L. TAHALIYANI, JJ. DATED : AUGUST 8th, 2012.
ORAL ORDER : (PER M.L. TAHALIYANI, J.)
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under Section 376 of the Indian Penal Code. The appeal is filed under Proviso to Section 372 of the Criminal Procedure Code.
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practising Yoga. It is alleged that the respondent No.1 had suddenly reached there and caught hold of the appellant from backside and wanted to have a sexual intercourse with the appellant. The appellant refused to oblige. The respondent No.1, therefore, had a forcible sexual intercourse with the appellant. Thereafter he threatened the appellant that if she disclosed to anybody, her family members would be killed. The incident was narrated by the appellant to her husband on 14th March, 2010 at about 8.30 to 9.00 p.m. and First Information Report was lodged on 15th March, 2010.
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when she was practising Yoga. He had shut her mouth and had a forcible sexual intercourse with the appellant. The glass bangles of the appellant had been broken and she had sustained injury on her left hand. She disclosed the incident to her husband on 14th March, 2010 at about 8.30 p.m. and reported the matter to police on 15th March, 2010. The trial Court while appreciating the evidence of the appellant has stated that the prosecution had failed to explain the delay of more than 40 days in filing the report. According to the trial Court, since the delay had not been explained, same was fatal to the prosecution case. As far as medial evidence is concerned, the trial Court has stated that some healed injuries were found on the person of the appellant. The trial Court has also said that there is no evidence that these injuries were sustained by the appellant during the course of alleged incident of forcible sexual intercourse.
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consent.
JUDGE JUDGE.
pma
2 issues framed by the court
Whether the high court can dismiss the appeal against acquittal summarily due to material evidential gaps regarding delay in FIR and nature of injuries.
Whether the failure of prosecution to explain delay in filing the First Information Report renders the case unsustainable.
2 provisions across 2 enactments
Vaishali w/o Vijaykumar Wakase
Gitaram s/o Laxman Shewale
The State of Maharashtra
P.V. Hardas
M.L. Tahaliyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
