NDLI: Patan Jamal Vali Vs. The State of Andhra Pradesh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1860:s. 376 – Offence of rape Penal Code
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Penal Code, 1860 s. 376 – Offence of rape – Prosecution case that appellant committed rape of a blind Scheduled Caste woman in her own house – Appellant known to the victim and her family – Mother and her sons found the victim in nude condition, bleeding from her genitals – Appellant apprehended when trying to escape – Conviction of the appellant for offence punishable u/s. 3(2)(v) of the SC and ST Act and s. 376(1) by courts below – Imposition of life imprisonment for each of the offences, which were to run concurrently – On appeal, held: Nature and circumstances in which the offence has been committed shows that the appellant took advantage of the victim being blind – Testimonies of the victim and her mother clear and consistent, and corroborated by the evidence of brother, aunt of the victim and the neighbor – Medical evidence and the deposition of doctor clearly established that the victim was sexually assaulted – Appellant was apprehended at the spot in close proximity of the commission of the offence – Thus, the commission of offence u/s.376(1) by the appellant proved beyond reasonable doubt – No evidence led to prove that the offence was committed on the ground that she belongs to a Scheduled caste within the meaning of s.3(2)(v) of the SC and ST Act– However, the fact that the victim belonged to a Scheduled Caste is an important factor to the sentencing process for an offence u/s.376 – Appellant was a mature individual known to victim’s family and committed heinous offence on a Scheduled Caste woman – Thus, the conviction of the appellant for an offence punishable u/s. 376(1) and the sentence of life imprisonment upheld – However, conviction for an offence u/s.3(2)(v) and the sentence imposed is set aside– Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 – s.3(2)(v).
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2021 INSC 272
Petitioner	Patan Jamal Vali
Respondent	The State Of Andhra Pradesh
SCR	[2021] 3 S.C.R. 470
Judgement Date	2021-04-27
Case Number	452

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Patan Jamal Vali Vs. The State of Andhra Pradesh

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