Case Note & Summary
The case involved an appeal by the State of Maharashtra against the acquittal of the respondent, who was convicted under Sections 363, 366, and 376 of the Indian Penal Code, 1860. The prosecutrix, a minor at the time of the incident, was kidnapped and subjected to sexual intercourse by the respondent. The trial court had convicted the respondent based on the prosecutrix's age and the lack of consent due to her being underage. However, the High Court overturned this conviction, arguing that the prosecutrix had consented and was above the age of consent based on medical evidence. The Supreme Court found that the High Court's conclusions were erroneous, particularly regarding the determination of the prosecutrix's age, which was supported by school records indicating her date of birth as June 4, 1976. The Court emphasized that the High Court failed to properly analyze the evidence and relied on presumptions rather than facts. Consequently, the Supreme Court allowed the appeal, reinstating the conviction and directing the respondent to surrender to custody to serve the remainder of his sentence.
Headnote
A) Criminal Law - Age of Consent - Determination of Age - Indian Penal Code, 1860, Sections 363, 366, 376 - The trial court found the prosecutrix to be underage, thus her consent was irrelevant. The High Court erroneously concluded that the prosecutrix was above the age of consent based on medical evidence, disregarding documentary evidence of her age. Held that the High Court's conclusions were unsustainable and lacked proper analysis (Paras 1-6).
Issue of Consideration
Whether the High Court erred in acquitting the respondent by setting aside the conviction based on the age of the prosecutrix and the consent argument.
Final Decision
The Supreme Court allowed the appeal, reinstated the conviction of the respondent under Sections 363, 366, and 376 IPC, and directed him to surrender to custody to serve the remainder of his sentence.
Law Points
- Acquittal
- Consent
- Age of Consent
- Medical Evidence
- School Records
- Presumption of Innocence
