Summary: Ramesh Dada Kalel's attempt to overturn his life sentence for rape was rejected by the Bombay High Court. The court found no valid reason in his claims of mistakes during the trial and confirmed the conviction and sentence.
On October 29, 2018, a 13-year-old girl went missing in Panvel-Raigad. Her mother, Ashabai, reported that her daughter, who had epilepsy, didn't come back from school after taking her medication. The next morning, the girl revealed that their neighbor, Ramesh Dada Kalel, had raped her multiple times, threatening her with severe consequences.
Ramesh Dada Kalel was sentenced to life in prison on August 29, 2023, by the Extra Joint District and Additional Sessions Judge in Panvel-Raigad. He was found guilty under several sections of the Indian Penal Code and the Protection of Children from Sexual Offences Act.
"The appellant is sentenced to suffer rigorous imprisonment for life," stated the judgment.
Kalel appealed, claiming there were mistakes during the trial. His defense argued that the charges were based on a section that had been removed from the law, causing unfairness and an injustice.
The appeal was reviewed by Justices Manish Pitale and Manjusha Deshpande. They looked into whether the mistakes claimed by Kalel affected the trial's fairness.
Key Findings:
Victim’s Testimony: The court found the victim's story believable and consistent, backed by medical evidence and statements from witnesses.
Procedural Error: Although there was a mistake in how the charges were presented, the court decided it did not confuse Kalel or lead to an unfair trial. The main facts were clear to him.
"The appellant was never misled about the case against him," the judgment noted.
The court confirmed the life sentence, adjusting the conviction to match the correct legal rules. Kalel's claims of unfairness were rejected, highlighting the rights of the victim along with those of the accused.
"The appeal is disposed of...the conviction and sentence are maintained," the court concluded.
