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by Admin
07 May 2024 2:49 AM
In a significant judgment, the Bombay High Court, Aurangabad Bench, presided by Justice Abhay S. Waghmare, has dismissed the appeals in Criminal Appeal No. 309 of 2002 and Criminal Appeal No. 302 of 2002, upholding the conviction of the appellants for gang rape under Section 376(2)(g) read with Section 34 of the Indian Penal Code (IPC). The court emphasized the credibility of the rape victim's testimony in the absence of physical injuries or conclusive medical evidence.
The case involved the appeals filed by the convicts, Sukhdeo Bhimrao Munde and others, against their conviction for the gang rape of a woman near a small stream at knife point. The prosecution's case was based on the victim's testimony, corroborated by indirect evidence from a witness, PW7, who, despite turning hostile, provided critical information.
Justice Waghmare meticulously assessed the evidence, highlighting the importance of the victim's testimony. The court observed, "The testimony of the rape victim is of utmost importance in rape cases." It was noted that the absence of physical injuries or medical evidence conclusively proving rape does not undermine the credibility of the victim's account.
The court also dealt with the role of hostile witnesses. Justice Waghmare stated, "The entire testimony of a hostile witness need not be discarded." In this case, PW7's testimony, though hostile, indirectly supported the victim's account, lending credence to the prosecution's narrative.
On corroborative evidence in rape cases, the court observed, "Corroborative evidence is not imperative in rape cases." The conviction can be based on the uncorroborated evidence of the victim if it inspires confidence.
Regarding the failure to conduct a Test Identification Parade, the court held that such failure is not always fatal to the prosecution's case, especially when the accused were promptly apprehended and identified by the victim.
Decision: The court dismissed both appeals, thereby upholding the conviction of the appellants as decided by the trial court.
Date of Decision: 29 February, 2024
Sukhdeo Bhimrao Munde vs The State Of Maharashtra
