Case Note & Summary
The case involved an appeal against the conviction of the appellant under Section 376 of the Indian Penal Code, 1861, for allegedly raping a minor girl. The appellant was initially convicted by the Sessions Judge and sentenced to 10 years of rigorous imprisonment. The prosecution's case was based on the testimony of the prosecutrix, who claimed she was abducted and raped by the appellant. The incident was said to have occurred between June 19 and June 25, 2009, when the prosecutrix was allegedly taken to various locations against her will. The appellant contended that he was falsely implicated due to a civil dispute with the prosecutrix's father. The trial court acquitted the appellant of the charge under Section 366 IPC, finding insufficient evidence of kidnapping or abduction, but convicted him under Section 376 IPC. The High Court upheld this conviction. The Supreme Court, however, found the prosecutrix's testimony inconsistent and lacking credibility, noting that she did not raise any alarm during the alleged abduction and had willingly accompanied the appellant. The court emphasized that the evidence did not support the claim of non-consent, leading to the conclusion that the conviction was not sustainable. Consequently, the Supreme Court allowed the appeal, acquitting the appellant of the charges under Section 376 IPC.
Headnote
A) Criminal Law - Rape - Conviction under Section 376 IPC - Lack of Consent - Indian Penal Code, 1861, Section 376 - The court found that the prosecutrix's testimony was riddled with contradictions and did not inspire confidence, leading to the conclusion that the appellant did not commit rape. The conviction was set aside due to insufficient evidence proving lack of consent (Paras 30-30).
Issue of Consideration
Whether the conviction under Section 376 IPC was justified based on the evidence presented.
Final Decision
The Supreme Court set aside the conviction and sentence under Section 376 IPC, acquitting the appellant due to lack of credible evidence supporting the charge.
Law Points
- Rape
- Consent
- Kidnapping
- Abduction
- Evidence
- Credibility of Witnesses
