Sejal Makkad | Amity Law School, Amity University Chhattisgarh | 31st May 2020
Om Prakash V Dil Bahar And Ors.Appeal 7040 Of 2000
Facts-
The accused was a relative of both the husband and the wife. The wife was the victim. The victim had pregnancy of 6 months. Both the victim and her husband used o go to court for the proceedings which were going her husband and he was arrested. The husband was arrested for the challan proceedings. The accused also used to accompany them as a helper. One day, the accused asked the brother of the victim to go and take information about the further proceedings. Taking advantage of the situation, the accused snatched and took the victim to the veranda and tried to rape her.
The victim rang the alarm and the accused was caught, took to the police station and FIR was lodged against him under Section 376(2).
Issue-
Applicability and validity of Section 376(2) of Indian Penal Code, 1860.
Proceedings-
- The district court convicted the accused under Section 376(2) and sentenced him for 10 years in order for raping a pregnant woman.
- The High Court also upheld the decision of the District Court and announced the same punishment.
- The Supreme Court decreased the number of years of Sentence from 10 years to 7 years.
Judgement-
The Supreme Court dismissed the appeal and reduced the sentence from 10 years to 7 years. It is contended that there was no proper evidence to prove the crime but, the victim is herself a proper evidence for the crime. it is contended that a woman would not possess such crime for herself as it is against her modesty.
Validity of Section 376(2)-
The validity of Section 376(2) was upheld as it was counted that the accused was familiar with the fact that the victim was pregnant and any woman if gives such a statement for herself is considered to be true. It cannot be said the accused in this case didn’t knew that the victim was pregnant because he often used to visit her. Therefore, the accuse was convicted.
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