2010 (8) TMI 889 - SC - Indian Laws

Whether the conviction of the appellant is not sustainable? Whether only a case under Section 366 read with Section 34 of the IPC had been registered against the appellants but it was only after the statement under Section 164 had been recorded by the Magistrate that Section 376 had been added as well?

Issues:
1. Kidnapping and rape allegations against the appellants.
2. Reliability of the prosecutrix's statement.
3. Corroboration of evidence and medical examination.
4. Enmity between the families and lack of supporting evidence.
5. Legal findings and appeal decision.

Issue 1: Kidnapping and rape allegations against the appellants
The case involved allegations of kidnapping and rape against the appellants, who were accused of abducting the prosecutrix and subjecting her to repeated sexual assaults over a period of time. The prosecutrix went missing, and upon her return, she provided a detailed statement under Section 164 of the Cr.P.C., outlining the events of her abduction, rape, and subsequent movements. The appellants were charged and brought to trial based on these serious accusations.

Issue 2: Reliability of the prosecutrix's statement
The Trial Court relied heavily on the statement of the prosecutrix to convict the appellants, considering it sufficient evidence along with the corroborating factors such as the disappearance of the accused at the same time as the victim. However, during the appeal, the defense argued that the prosecutrix's account was improbable, pointing out discrepancies and lack of corroboration, especially from the medical evidence. The defense highlighted inconsistencies in the prosecutrix's story, including the alleged prolonged period of captivity without any attempt to escape or raise an alarm.

Issue 3: Corroboration of evidence and medical examination
The defense emphasized the lack of concrete medical evidence to support the rape allegations, as the medical examination did not conclusively prove sexual assault. The defense questioned the continuity of the saree worn by the prosecutrix during the alleged ordeal and the handling of the evidence by the investigating officer. The defense raised concerns about the absence of the investigating officer as a witness and the non-submission of crucial physical evidence for examination, casting doubt on the prosecution's case.

Issue 4: Enmity between the families and lack of supporting evidence
The judgment highlighted the deep enmity between the families involved, stemming from a land dispute, which raised suspicions regarding the credibility of the prosecutrix's testimony. The court found discrepancies in the prosecutrix's account, particularly regarding her actions during captivity and the handling of her clothing by the authorities. The court questioned the prosecution's narrative and the reliability of the evidence presented, noting inconsistencies and lack of supporting material to substantiate the serious allegations.

Issue 5: Legal findings and appeal decision
After a thorough analysis of the evidence and arguments presented, the court concluded that the conviction of the appellants was not sustainable due to various discrepancies, lack of corroborative evidence, and doubts raised regarding the prosecutrix's statement. The appeal was allowed, the judgments of the lower courts were set aside, and the appellants were ordered to be released from custody unless required in connection with any other case. The decision emphasized the importance of reliable evidence and the need for a strong legal basis to establish guilt in criminal cases.

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