Dismissed

Ravindra Vithoba Kadam v. the State of Maharashtra

Bombay HC25 Sept 2019APEAL/652/2016

Case brief

AI extract

What is this about?

In an appeal against conviction for rape and criminal intimidation, the High Court upheld the lower court's judgment. The court found the minor victim's testimony reliable, supported it by medical evidence of injuries and prior statement to an aunt, and dismissed the appellant's plea of benefit of doubt.

What did the court decide?

The criminal appeal was dismissed, thereby upholding the conviction and sentence under Sections 376 and 506 of the Indian Penal Code.

Ravindra Vithoba Kadam Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPEAL NO.652 OF 2016

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RAVINDRA VITHOBA KADAM ) Age about 40 years, ) Occupation:Agriculture, ) residing at Sukivali, Kadamwadi ) Tal-Khed, District-Ratnagiri ) At present lodged in Ratnagiri prison ) …. APPELLANT.

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V/s.

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STATE OF MAHARASHTRA ) Through Police Sub Inspector ) Khed Police Station in ) C.R.No.127/2012 ) … RESPONDENT.

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Mr.Ganesh Bhujbal, appointed Advocate for appellant. Mr.A.R.Kapadnis, APP for State.

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CORAM : A. M. BADAR, J. DATE : 25TH SEPTEMBER 2019.

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ORAL JUDGMENT :

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By this Appeal, the Appellant/accused is challenging Judgment and Order dated 19/06/2015, passed by the learned Additional Sessions Judge, Taluka-Khed, District-Ratnagiri, in Sessions Case No.25 of 2013, thereby convicting him of the ofences punishable under Section 376 and 506 of the Indian

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Penal Code. For the ofences punishable under Section 376 of the Indian Penal Code, the Appellant/accused is sentenced to sufer rigorous imprisonment for 7 years apart from direction to pay fne of Rs.500/- and in default to undergo simple imprisonment for three months. For ofences punishable under Section 506 of the Indian Penal Code, he is sentenced to sufer rigorous imprisonment for 3 years and direction to pay fne of Rs.500/- and in default to sufer simple imprisonment for 3 months.

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Facts in brief, leading to the prosecution as well resultant conviction of the Appellant/accused can be summarized thus;

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a) The prosecutrix/PW 1, at the time of alleged ofence was 13 years of age. She was residing at the house of her paternal Aunt/ PW 2 Shevanti, at villagae Sukivali, in Taluka-Khed, District-Ratnagiri. Parents of the prosecutrix/PW 1 had passed away. She was taking education in 9^th Standard in Navbharat High School at Bharane and her date of birth is 23/03/1998.

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b)The incident in question took place at 4.00 p.m. of 5.8.2012. On that day, the prosecutrix/PW 1 had taken she-goats for grazing in the feld. After grazing, she was returning to her house. At about 6.00 p.m. the Appellant/accused met her and requested her to help him in lifting the bundle of grass kept in the feld. In this manner, the Appellant/accused took her in the feld from the road by deviating her path. As soon the the prosecutrix/PW 1 entered in the feld, the Appellant/accused told her to go back. The moment, the prosecutrix/PW 1 started returning back, near Bund, the Appellant/accused pulled her and caused her fall. He then strangulated her neck by means of rope. When she attempted to shout, he gagged her mouth by thrusting leaves in her mouth. Then the Appellant/accused committed rape on the prosecutrix/PW 1. After committing the act, he threatened the prosecutrix/PW 1 not to disclose the incident to anybody, or she would be killed.

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c) The prosecutrix/PW 1 then returned to her house and disclosed the incident to her Aunt. The incident was then informed to the Sarpanch and other members of the village. They all went to the house of Appellant/accused. The Appellant/accused admitted the incident. The prosecutrix/PW 1 then lodged the report of the incident with Police Station Khed on 6.08.2012 itself which, resulted in registration of Crime No.127/2012 against the Appellant/accused. The prosecutrix/PW 1 was then sent to Civil Hospital, Ratnagiri, where she was examined by PW 7 Dr.Aruna Jagtap. The spot came to be inspected in presence of PW 3 Sachin Dhadve and Spot Panchnama (Exhibit 20) came to be prepared by the Investigator. Similarly, clothes of the prosecutrix/PW 1, so also that of the Appellant/accused came to be seized vide Seizure Panchnama (Exhibit 21 and 22). Voluntary disclosure statement (Exhibit 26) of the Appellant/accused came to be recorded in presence of PW 5 Milind Ghanekar on 09.08.2012 and accordingly recovery of string was made. On

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completion of routine investigation, the

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Appellant/accused came to be chargesheeted.

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d)The learned trial court framed the Charge for ofences punishable under Section 376 and 506 of the Indian Penal Code against the Appellant/accused. He pleaded not guilty and claimed trial.

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e) In order to bring home guilt to the Appellant/accused, the prosecution has examined in all 7 witnesses. The prosecutrix is examined as PW 1 and report lodged by her is at Exhibit 16. Her parental Aunt Shevanti is examined as PW 2. Panch Sachin Dhadave is examined as PW 3. ASI Harishchandra Yadav is examined as PW 4. Another Panch Witness Milind Ghanekar is examined as PW 5. Memorandum of statement of the Appellant/accused is at Exhibit 26 and recovery Panchnama is at Exhbit 27. The Investigating Ofcer Vijay Dhumal is examined as PW 6. Dr. Aruna Jagtap, Medical Ofcer of Civil Hospital, Ratnagiri is examined as PW 7.

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Exhibit 47 is the medico legal document.

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f) Defence of the Appellant/accused was that of total denial. According to him, he is falsely implicated in the crime in question as the residents of village are against him.

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g) After hearing the parties, by impugned Judgment and Order, learned trial court, was pleased to convict and sentence the Appellant/accused as indicated in the opening paragraph of the Judgment.

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I heard learned Advocate appointed to represent the Appellant/accused at the cost of the State. He vehemently argued that, evidence of alleged victim, is not at all reliable and same is not corroborated by other evidence on record. She had no reason to follow the Appellant/accused and even if case of the prosecution is accepted, then it refects consensual sex. The appellant/accused is, therefore, entitled for beneft of doubt.

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As against this, learned APP supported the impugned Judgment and Order of conviction and resultant sentence.

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I have perused the record and proceedings including oral as well as documentary evidence.

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Considering the nature of evidence, fate of the prosecution case to a large extent hinges on testimony of the victim of the crime in question. In case of sexual ofence against a female, if evidence of the victim is found trustworthy and reliable then, it is not necessary to seek corroboration to her evidence. Evidence of such victim stands on higher pedestal than evidence of injured witness and the victim of rape case is not an accomplice. Keeping in mind these aspects, let us examine what the prosecutrix/PW 1 has deposed about the incident. It is in her evidence that, after death of her parents, she started staying with her parental Aunt-Shevanti (PW 2) and on 05.08.2012 being Sunday, there was a holiday to her School. She had taken she-goats for grazing at about 4.00 p.m. of that day. The prosecutrix/PW 1 further deposed that when she was returning at about 6.00

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p.m. the Appellant/accused met her on the road, he requested her to put the bundle of grass on his head which was kept at some interior place. Evidence of the prosecutrix/PW 1 shows that, she succumbed to this trick of the Appellant/accused and followed him. After taking her in the feld, the Appellant/accused asked her to go back and then he caught hold of her and pulled her on other side of Bund. The prosecutrix/PW 1 deposed that the Appellant/accused tied a rope around her neck and gagged her mouth by thrusting leaves. He then committed rape on her by pulling down her nicker. As per the statement of the prosecutrix/PW 1, after fnishing the act, the Appellant/accused removed the rope from her neck and then he threatened not to disclose the incident to anybody else.

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Despite searching cross examination, the defence was unable to create dent on version of the prosecutrix/PW 1. Suggestions of denial were given to her. It is brought on record from her cross examination that, after the incident, a meeting was held at the house of one Yedre in which, Sarpanch and 4-5 other villagers were

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present. This is what the prosecutrix/PW 1 has said before the Court. Her version regarding actual incident of rape is not at all shattered in the cross examination.

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Though no corroboration is required to the version of the prosecutrix/PW 1, if one want to search for corroboration then, it can be found from medical evidence adduced by the prosecution on record. PW 7 Dr.Aruna Jagtap, Medical Ofcer of Civil Hospital, Ratnagiri examined the prosecutrix/PW 1 on 06.08.2012. Evidence of this Medical Ofcer shows that, she found ligature marks around neck of the prosecutrix/PW 1. In examination of private part of the the victim, PW 7 Dr. Aruna Jagtap found that the prosecutrix/PW 1 was having abrasion on lower part of her vagina of size 3 x 1 c.m. Contemporaneous medico legal documents at Exhibit 47 are also refecting this fact. This evidence fully supports and corroborates the version of the prosecutrix/PW 1, in respect of incident of commission of rape on her by the Appellant/ accused.

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The prosecutrix/PW 1 had disclosed the incident of

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commission of rape on her by the Appellant/accused to her paternal Aunt PW 2. Statement made by the prosecutrix/PW 1 soon after the incident, is coming on record through evidence of PW 2 Shevanti and as such, evidence of the prosecutrix/PW 1 stands corroborated as per the provisions of Section 157 of the Evidence Act. In the light of forgoing reasons, no case for interference in impugned Judgment and Order and resultant conviction and sentence, is made out. Charge levelled against the Appellant/accused is duly proved by prosecution by adducing clear, cogent and consistent evidence. Even Spot Panchnama (Exhibit 20) proved by PW 3 Sachin Dhadave, shows that, ball of leaves used for gagging mouth of the prosecutrix/PW 1, was found lying on the spot of incident on 06.08.2012. In the result, following order.

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ORDER

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The Appeal is dismissed.

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Ravindra Vithoba Kadam v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ravindra Vithoba Kadam v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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