Supreme Court Restores Conviction in Maharashtra Rape Case
The Supreme Court of India, in its ruling in Criminal Appeal No. 1820 of 2017, reversed the acquittal of the accused, Bandu @ Daulat, restoring the conviction under Section 376 IPC (rape). The case originated from an incident that occurred on June 29, 2008, involving a minor girl who was deaf, dumb, and mentally challenged. The trial court convicted the accused based on medical evidence and the testimony of the victim’s mother, but the High Court acquitted him, citing a lack of direct testimony from the victim.
Background of the Case
The victim, a 14-year-old girl, was allegedly lured by the accused, who was their landlord, on the pretext of giving her sweets. She was later brought home by two boys at night, after which she conveyed to her mother through gestures about the sexual assault. Her mother, Asha Ramratan Bangar, reported the matter to the police the next day. The medical examination confirmed sexual assault.
High Court Acquittal
The High Court overturned the conviction on the basis that the victim had not directly testified, and without her testimony, the prosecution failed to prove the charge beyond a reasonable doubt.
Supreme Court’s Ruling
The Supreme Court held that even if the victim did not testify, her mother’s account, coupled with medical evidence and witness testimonies, was sufficient to sustain the conviction. The Court noted that the victim’s inability to speak did not diminish the credibility of the evidence presented.
Key Observations from the Judgment
- “The evidence of the mother of the victim clearly shows that it was the respondent-accused who took away the victim.”
- “The victim and the accused were seen together by PW-2 on the date of commission of the offence.”
- “Rape has been confirmed by medical evidence.”
- “In these circumstances, the trial court having convicted the respondent, the High Court was not justified in setting aside the conviction.”
The Supreme Court reinstated the seven-year rigorous imprisonment sentence originally imposed by the trial court.
Directive for Vulnerable Witness Protection
The Court also emphasized the need for special centers for vulnerable witnesses in criminal cases. It recommended that High Courts across the country establish such centers to ensure a conducive environment for testimony, particularly for victims of sexual assault and children.
“At least two such centers should be set up in the jurisdiction of each High Court within three months, with further expansion in phases.”
Conclusion
This judgment highlights the Supreme Court’s commitment to ensuring justice for vulnerable victims and setting legal precedents for handling cases involving witnesses with disabilities.
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Download Judgment: State of Maharashtra vs Bandu @ Daulat Supreme Court of India Judgment Dated 24-10-2017.pdf
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