Chhattisgarh High Court

Conviction under Section 376 IPC unsustainable absent medical corroboration and consistent ocular testimony.

Mohan Das @ Mohan vs State Of C.g.

Chhattisgarh High CourtJUDGMENT: March 17, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appellant was convicted by the Trial Court under Section 376 of the Indian Penal Code (IPC) and sentenced to seven years of rigorous imprisonment

Source reference: para. 1

The prosecution alleged that on 07.09.2011, the appellant forcibly took the prosecutrix—a mentally challenged woman with speech impairment—near a drain (nala) and committed sexual intercourse against her will

Source reference: para. 2

The FIR was lodged by the prosecutrix's grandfather (PW-1)

Source reference: para. 2

During the trial, the prosecutrix (PW-2) was unable to provide a clear statement due to her mental condition

Source reference: para. 9

Most material witnesses, including the complainant and the prosecutrix's father, turned hostile

Source reference: paras. 10, 12

The appellant challenged the conviction on grounds of lack of medical and forensic evidence and material contradictions in witness testimonies

Source reference: para. 5
02

Issues

1. Whether the conviction under Section 376 of the IPC can be sustained in the absence of supportive testimony from the prosecutrix and key eye-witnesses

Source reference: paras. 9, 17

2. Whether the medical evidence and the absence of a Forensic Science Laboratory (FSL) report were sufficient to establish the guilt of the appellant beyond reasonable doubt

Source reference: paras. 15-17
03

Law Applied

Section 376 of the IPC regarding the offense of rape

Source reference: para. 1

The Court reinforced the fundamental principle of criminal jurisprudence that the prosecution must prove its case "beyond reasonable doubt"

Source reference: para. 17

The Court evaluated the weight of medical evidence under the Indian Evidence Act, specifically focusing on the requirement of corroboration in cases involving victims with mental disabilities

Source reference: paras. 14, 16

Section 437-A of the Cr.P.C. (corresponding to Section 481 of the Bharatiya Nagarik Suraksha Sanhita [BNSS]) regarding the requirement for an acquitted person to furnish a bond for future appearances

Source reference: para. 19
04

Reasoning

The Court found that the Trial Court's conviction was based on a misappreciation of evidence.

Source reference: para. 9

Firstly, the prosecutrix was unable to depose or provide gestures understood by the Court or her family, leading to a void in direct evidence

Source reference: para. 9

Secondly, the medical testimony of Dr. Snehlata Singh (PW-10) categorically stated that no signs of forceful sexual intercourse or internal/external injuries were found, and specifically noted that no intercourse had occurred within 24 hours of the examination. This directly contradicted the prosecution’s timeline.

Source reference: paras. 14, 15

Thirdly, the Court noted the total absence of an FSL or chemical examination report to link the appellant to the crime

Source reference: para. 16

Finally, the Court observed that the primary witnesses (PW-1, PW-7, PW-8) turned hostile and the testimony of PW-9 regarding the appellant's apprehension contained material omissions not found in his police statement

Source reference: paras. 10, 13, 17
05

Holding

The High Court held that the prosecution failed to prove the charges beyond reasonable doubt due to the lack of legally admissible, cogent, and clinching evidence

The Court allowed the appeal, setting aside the judgment of conviction and the order of sentence. The appellant was acquitted of the charge under Section 376 IPC.

Source reference: para. 18

Pursuant to Section 437-A Cr.P.C., the appellant was directed to furnish a personal bond of Rs. 25,000/- to remain effective for six months

Source reference: para. 19
Chhattisgarh High Court

Original Court PDF

Mohan Das @ MohanvsState Of C.g.

Chhattisgarh High Court · March 17, 2026

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