Case Note & Summary
The appellant, Ravindra @ Balu s/o Sonaji Hivrale, was convicted by the Additional Sessions Judge, Aurangabad, for offences under Sections 363, 366-A, and 376 of the Indian Penal Code, 1860, and sentenced to rigorous imprisonment for seven years with concurrent sentences. The appeal was filed against this conviction and sentence. The prosecutrix, a 14-year-old girl studying in 9th standard, was a friend of the appellant's sister and frequently visited their house. The appellant, who ran a cycle shop, developed a sexual relationship with her on the promise of marriage, leading to her pregnancy. On 11 October 1995, the appellant took her from her village to Aurangabad, where he rented a room and kept her until 18 October 1995. Her father filed a missing report on 14 October 1995. The appellant was traced through a letter he posted, which was intercepted by villagers. The prosecutrix was recovered and brought to the police station. The trial court relied on the consistent testimony of the prosecutrix, medical evidence confirming pregnancy, and the fact that the victim was a minor. The High Court upheld the conviction, holding that the prosecutrix's testimony was trustworthy, the medical evidence corroborated the sexual intercourse, and the appellant's promise to marry did not constitute valid consent as the victim was below 16 years. The court also noted that the appellant had taken the victim away from her lawful guardian without consent, constituting kidnapping. The appeal was dismissed, and the conviction and sentence were confirmed.
Headnote
A) Criminal Law - Kidnapping - Section 363 IPC - Taking away a minor girl from lawful guardianship without consent - Prosecutrix aged 14 years was taken by accused from her village to Aurangabad without her father's consent - Held that the offence of kidnapping is made out as the girl was a minor and the taking was without consent of guardian (Paras 2-4). B) Criminal Law - Rape - Section 376 IPC - Sexual intercourse with a minor - Accused developed sexual relationship with prosecutrix aged 14 years, resulting in pregnancy - Medical evidence confirmed pregnancy - Held that the sexual intercourse was rape as the victim was below 16 years, and consent is immaterial (Paras 2, 6-7). C) Criminal Law - Kidnapping for marriage - Section 366-A IPC - Inducing a minor girl to go from any place with intent that she may be forced or seduced to illicit intercourse - Accused promised to marry and took prosecutrix to Aurangabad, kept her in a rented room for a week - Held that the ingredients of Section 366-A are satisfied as the accused induced the minor to leave her home with intent to have illicit intercourse (Paras 3-5).
Issue of Consideration
Whether the conviction of the appellant under Sections 363, 366-A, and 376 of the Indian Penal Code, 1860 is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the Additional Sessions Judge, Aurangabad in Sessions Case No. 27/1996 are confirmed.
Law Points
- Consistent testimony of prosecutrix
- medical evidence of pregnancy
- promise to marry
- age of victim
- presumption under Section 114-A Evidence Act
- no consent of minor
