Vasudeo Gond’s conviction altered from rape to attempt, with sentence reduced to 3.5 years.
In a significant judgment, the Chhattisgarh High Court has modified the conviction of Vasudeo Gond, initially sentenced under Section 376(1) of the Indian Penal Code (IPC) for rape, to a conviction under Section 376/511 IPC for an attempt to commit rape. The court found that the evidence only supported partial penetration, not the full act necessary to substantiate a rape conviction.
Presided over by Justice Narendra Kumar Vyas, the court ruled that the medical and testimonial evidence pointed to an attempt rather than the commission of rape. The appellant's sentence was subsequently reduced to rigorous imprisonment for three years and six months, along with a fine. The High Court, however, upheld the conviction under Section 342 IPC for wrongful confinement, maintaining a six-month sentence for that charge, with both sentences to run concurrently.
The case stemmed from an incident on May 21, 2004, where the victim alleged that Gond forcibly took her to his house, attempted to have sexual intercourse, and then confined her. Evidence presented in court included testimonies from the victim, her mother, and medical professionals, as well as forensic reports.
Justice Vyas noted that the medical examination showed the victim's hymen was intact, supporting the argument for partial penetration. The judgment emphasized that penetration, even partial, is a necessary component to define rape under the IPC. The court relied on precedents from the Supreme Court, reiterating that even slight penetration suffices for a rape charge, yet in this case, the evidence did not conclusively demonstrate such penetration.
In his defense, Gond's counsel argued for inconsistencies in the victim's testimony and the lack of immediate medical evidence corroborating full penetration. The court acknowledged these arguments, leading to the revised conviction.
The High Court also addressed the procedural aspect of the appellant's detention, directing that the time already served in custody be deducted from the new sentence under Section 428 of the Cr.P.C. or Section 468 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Gond has been instructed to surrender to serve the remainder of his sentence, failing which the trial court will ensure his arrest.
This judgment underscores the judiciary's nuanced approach to examining evidence in sexual assault cases, balancing the need for justice with the evidentiary standards required for serious convictions.
Bottom Line:
Conviction under Section 376(1) IPC altered to Section 376/511 IPC where partial penetration was established, but full penetration was not proven. Attempt to commit rape requires acts that go beyond preparation and are proximate to the consummation of the offence.
Statutory provision(s): Indian Penal Code 1860 Sections 376(1), 511, 342; Code of Criminal Procedure 1973 Section 374(2), 313, 428; Bharatiya Nagarik Suraksha Sanhita 2023 Section 468
Vasudeo Gond v. State of Chhattisgarh, (Chhattisgarh) : Law Finder Doc id # 2853918
