Madhya Pradesh Rape Case: Supreme Court Restores Conviction but Reduces Sentence

The case of State of Madhya Pradesh vs. Preetam revolved around a serious crime under Section 376 IPC. The High Court had acquitted the respondent-accused after reversing the trial court’s conviction and sentence of seven years of imprisonment. The Supreme Court, however, restored the conviction but reduced the sentence to four years, considering the passage of time.

Background of the Case

The incident occurred on 6th March 1993, when the prosecutrix (PW-1), along with her two sisters, went to a field near their village to attend nature’s call. While returning, the accused allegedly abducted her and committed rape.

The victim’s father was not present in the village at the time. Upon his return, the complaint was lodged on 8th March 1993. The prosecutrix was medically examined on 9th March 1993, and the FIR was registered on 10th March 1993.

Arguments Presented

Prosecution’s Argument

• The victim’s testimony was supported by medical evidence.
• The hymen was torn with swelling and redness, suggesting recent sexual intercourse.
• An eyewitness, Mangrulal (PW-4), saw the accused running away from the scene.
• The High Court wrongly concluded that the lack of external injuries indicated consent.

Defense’s Stand

• The High Court acquitted the accused on two grounds:
  • Lack of external injuries suggested that the victim consented to sexual intercourse.
  • Delay in filing the FIR weakened the prosecution’s case.

Supreme Court’s Verdict

The Supreme Court disagreed with the High Court’s reasoning and stated:

“It is fairly well-settled that in the absence of external injury on the person of the prosecutrix, it cannot be concluded that the incident had taken place with the consent of the prosecutrix.”

The Court emphasized that medical evidence, coupled with the victim’s testimony, was sufficient to prove guilt.

On the issue of delay in lodging the FIR, the Court noted that the prosecutrix’s father was not present in the village and filed the complaint immediately upon returning, stating:

“The delay in registration of the FIR has been properly explained, which has not been considered by the High Court.”

Thus, the Supreme Court restored the trial court’s conviction of the accused.

Reduction of Sentence

However, given that the case dated back to 1993, the Supreme Court reduced the sentence from seven years to four years, stating:

“Having regard to the passage of time and other facts and circumstances of the case, the sentence of imprisonment of seven years imposed on the respondent-accused is reduced to a period of four years.”

Conclusion

This case highlights the importance of considering both medical evidence and victim testimony in rape trials. The Supreme Court’s ruling reaffirms that the absence of external injuries does not imply consent, ensuring justice for survivors while also considering the passage of time in sentencing.

Petitioner Name: State of Madhya Pradesh.
Respondent Name: Preetam.
Judgment By: Justice R. Banumathi, Justice Vineet Saran.
Place Of Incident: Madhya Pradesh.
Judgment Date: 29-08-2018.

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