Case Note & Summary
The State of Karnataka appealed against the acquittal of two respondents charged with rape under Section 376 of the Indian Penal Code. The prosecution's case involved two victims, P.W.1 and P.W.2, who were allegedly raped by the respondents after being lured to a tailoring shop. The trial Court found the victims were under 16 years old, thus ruling out consent. However, the High Court reversed this decision, claiming the victims were over 16 and had consented. The State contended that the High Court erred in its assessment of age and consent, while the respondents argued that the evidence supported their innocence. The Supreme Court analyzed the evidence, including school records and medical reports, concluding that the victims were indeed underage and that the burden of proof regarding consent lay with the accused, who did not raise this defense. The Court found the High Court's conclusions to be unsustainable and restored the trial Court's conviction, ordering the respondents to surrender to custody. The appeal was allowed, emphasizing the importance of the victims' age in cases of sexual assault (Paras 1-9).
Headnote
A) Criminal Law - Rape - Age of Victim - The question of consent is irrelevant when the victim is below 16 years of age - Indian Penal Code, 1860, Section 376 - The trial Court found the victims were underage, making consent immaterial, while the High Court erroneously concluded they were above 16 and had consented. Held that the High Court's reasoning was flawed and contrary to evidence (Paras 4-8).
Issue of Consideration
Whether the High Court erred in acquitting the respondents on the grounds of age and consent.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and restored the trial Court's conviction, ordering the respondents to surrender to custody.
Law Points
- Consent
- Age of Victim
- Rape
- IPC Section 376
- Burden of Proof
