The court affirmed that digital penetration constitutes rape under Indian Penal Code, 1860, and upheld a 10-year rigorous imprisonment sentence for the accused.
In a landmark judgment, the Bombay High Court at Goa has upheld the conviction of Mr. Alfred Fernandes for rape, emphasizing that digital penetration is sufficient to constitute the crime under the Indian Penal Code, 1860. The court dismissed the appeal filed by Fernandes against his conviction and sentencing by the Fast Track Special Court, POCSO, Panaji, Goa, which had sentenced him to a minimum of 10 years rigorous imprisonment for the offence of rape, along with additional sentences for house trespass and assault.
The case stemmed from an incident on May 14, 2023, when Fernandes was accused of criminally trespassing into the victim's home and committing sexual assault. The victim's testimony, which was corroborated by medical evidence, played a crucial role in the conviction. The victim had identified Fernandes as the assailant, and her account was supported by neighbors who had apprehended him at the scene.
In its ruling, the High Court reiterated that the definition of rape, as amended in 2013, includes the insertion of any body part or object to any extent into a woman's body. The court noted that the victim's testimony, combined with medical evidence indicating digital penetration, was sufficient to uphold the conviction under Section 376 of the IPC.
The defense had argued that the prosecution failed to provide DNA evidence and that the victim's testimony was unreliable due to inconsistencies. However, the court dismissed these arguments, stating that the absence of DNA evidence does not invalidate the prosecution's case when other reliable evidence is present. The court also found that minor discrepancies in the victim's statements did not undermine her credibility.
Additionally, the court addressed the issue of sentencing, affirming that the 10-year rigorous imprisonment was proportional to the gravity of the offence. The court noted that the trial judge had considered the lack of prior convictions and had imposed the minimum sentence required under the law.
The judgment reaffirms the broad scope of the definition of rape under Indian law and underscores the importance of victim testimony and corroborative medical evidence in securing convictions in sexual assault cases.
Bottom line:-
Conviction for rape under Section 376 IPC does not require penile penetration; digital penetration suffices. Victim's testimony corroborated by medical evidence can form the sole basis for conviction.
Statutory provision(s):
Indian Penal Code, 1860 Sections 375, 376, 448, 354; CrPC Sections 164, 313, 53(A), 84
Mr. Alfred Fernandes v. State, (Bombay)(Goa) : Law Finder Doc id # 2906634
