Case Note & Summary
The appellant, B. Suresh, was convicted by the Additional Sessions Judge, Fast Track Court-II, Raichur, for offences under Sections 366 and 376 of the Indian Penal Code, 1860, for allegedly abducting and raping a minor girl, Amba Rajeshwari. The prosecution alleged that the appellant enticed the victim on the pretext of love and marriage, took her to a temple, tied a 'taali', and thereafter committed rape without her consent. The victim's father lodged a missing complaint, and the police traced the couple at Karatagi bus stand. The trial court convicted the appellant, sentencing him to rigorous imprisonment for three years under Section 366 and seven years under Section 376, with fines. The appellant appealed to the High Court. The High Court examined the evidence, noting that the victim's age was not conclusively proven as she was not subjected to ossification test, and the school records were not properly exhibited. The victim's testimony suggested she went willingly with the appellant and did not raise any alarm. The court found inconsistencies in the prosecution's case, including the father's claim of tracing the couple not mentioned in the complaint. The High Court held that the prosecution failed to prove the case beyond reasonable doubt, and the appellant was entitled to the benefit of doubt. The appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Rape and Abduction - Sections 366, 376 IPC - Age of Victim - Consent - The prosecution failed to prove beyond reasonable doubt that the victim was a minor at the time of the incident, as the medical evidence and school records were inconclusive. The victim's testimony indicated a consensual relationship, and the alleged abduction was not established. Held that the appellant is entitled to benefit of doubt and acquittal (Paras 2-10).
Issue of Consideration
Whether the conviction of the appellant under Sections 366 and 376 of the Indian Penal Code, 1860, is sustainable in law given the inconsistencies in the prosecution evidence and the question of the victim's age and consent.
Final Decision
The appeal is allowed. The judgment of conviction and sentence dated 22.8.2007 passed by the Additional Sessions Judge and Presiding Officer, Fast Track Court-II, Raichur, in S.C.No.126/2006, is set aside. The appellant is acquitted of all charges. His bail bonds stand cancelled.
Law Points
- Consent
- Age of victim
- Minor
- Abduction
- Rape
- Benefit of doubt
- Inconsistencies in prosecution case
