1. Appeal against acquittal for offences under Sections 376 and 342 IPC involving allegations of forcible sexual intercourse. (Para 1 )
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2000 Supreme(SC) 576
SUPREME COURT OF INDIA
A.S.Anand, CJI., R.C.Lahoti : S.N.Variava, JJ.
State Of Rajasthan
Versus
Shanker
Case No. : 1737 of 1996
Date of Decision : 3/15/00
In alleged rape cases, if mutual nakedness, lack of resistance, and medical evidence (absence of injuries and evidence of habitual intercourse) strongly suggest consent, the prosecution fails to establish the offence beyond a reasonable doubt.
Headnote:(A) Indian Penal Code - Sections 376 and 342 - Forcible sexual intercourse - Consent - Evidence and Medical findings - Where the circumstances of the case, including the state of nakedness of both parties and the absence of cries for help, suggest consent, and medical evidence contradicts the prosecutrix's claims of injury and indicates habitual sexual intercourse, the prosecution fails to prove the case beyond reasonable doubt. (Para 2)
Facts of the case:
The respondent was convicted of offences under Sections 376 and 342 IPC, but the conviction was subsequently set aside by the High Court. The prosecutrix alleged she was forcibly taken to a shed and raped. However, evidence indicated that both the prosecutrix and the respondent were found naked and engaged in sexual intercourse on a cot without any cries for help. Medical evidence further revealed that the prosecutrix was habitual to sexual intercourse and lacked the injuries she had alleged on her hands and hip.
Findings of Court:
The court found that the High Court correctly analyzed the evidence and that the prosecutrix, aged about 20 years, was a consenting party. The medical evidence lent credence to the version of consent and contradicted the claims of forcible intercourse, meaning the prosecution failed to prove the case beyond a reasonable doubt.
Issues: Whether the evidence on record was sufficient to prove the charges of rape and wrongful confinement beyond a reasonable doubt, or if the circumstances and medical evidence indicated consensual sexual intercourse.
Ratio Decidendi: The court held that when the established circumstances—specifically the mutual nakedness of the parties and the lack of resistance—combined with medical evidence that contradicts the victim's claims of injury and suggests habitual intercourse, the allegation of forcible sexual intercourse is belied, and the acquittal is justified.
Result: Appeal fails and is hereby dismissed.
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2. The State challenged the High Court's decision to set aside the conviction and sentence for rape and wrongful confinement. (Para 1 )
3. Evidence of mutual nakedness, lack of resistance, and medical findings regarding the absence of injuries and habitual intercourse indicate consent. (Para 2 )
4. Conviction for forcible sexual intercourse cannot be sustained where evidence of circumstances and medical findings establish consent and lack of resistance. (Para 2 )
5. Appeal dismissed; acquittal by the High Court upheld; bail bonds discharged. (Para 3 , 4 )
6. How does the court evaluate consent in allegations of forcible sexual intercourse?
The court evaluates the circumstances of the act, including the state of nakedness of the parties, the absence of cries or resistance, and medical evidence regarding the absence of injuries. (Para 2 )
7. What role does medical evidence play in contradicting claims of forcible sexual intercourse?
Medical evidence that contradicts claims of injury and indicates habitual sexual intercourse supports a finding of consent, thereby failing to prove the case beyond reasonable doubt. (Para 2 )
8. Under what conditions will an appellate court refuse to interfere with an acquittal in a sexual offence case?
An appellate court will not interfere if the acquittal is based on a correct analysis of evidence showing the prosecution's story is belied by established circumstances. (Para 2 , 3 )
(1) THE respondent was tried for offences under Sections 376 and 342 IPC. He was convicted and sentenced to undergo rigorous imprisonment for a period of 4 years and to pay a fine of Rs. 1,000.00 and in default to undergo further imprisonment for a period of 4 months. The appeal filed by the respondent in the High Court succeeded and the conviction and sentence were set aside vide judgment dated 15/11/1994. The State is in appeal by special leave.
(2) WE have carefully perused the judgment of the High Court. The High Court has correctly analysed the evidence of PWs 1, 2 and 3 and in our opinion the observations of the High Court, that the occurrence did not take place in the manner suggested by the prosecution, are well supported by the evidence. The story given by the prosecutrix that when she was returning from the canal after taking her bath, the respondent caught hold of her and after taking her inside the shed committed forcible sexual intercourse with her is belied by the established circumstances of the case. During her cross- examination she admitted that she was completely naked when the accused committed rape on her and that at that time the accused also was naked. PW 1 in his deposition stated that he had found both the prosecutrix and the respondent having intercourse on the bed and that they were completely naked and he caught hold of both of them. He stated that the prosecutrix was not raising any cries. Keeping in view the aforesaid circumstances of the case and the state of nakedness in which both the prosecutrix and the respondent were found, having sexual intercourse on a cot, the opinion expressed by the High Court, that the prosecutrix, then aged about 20 years, was a consenting party appears to be highly logical and probable. According to the medical evidence given by PW 4, the prosecutrix was habitual to sexual intercourse and her hymen admitted two fingers easily. Medical evidence also discloses that there were no injuries on the person of the prosecutrix contrary to the statement of the prosecutrix that she had received injuries on her hands and on the hip. Thus, the medical evidence also lends credence to the version that the prosecutrix was a consenting party and the respondent had not committed forcible sexual intercourse with her. The prosecution has, thus, failed to prove the case against the respondent beyond a reasonable doubt.
(3) THE material on record, thus, impels us not to interfere with the well-merited order of acquittal made by the High Court.
(4) THERE is no merit in this appeal, which therefore, fails and is hereby dismissed. The respondent is on bail. His bail bonds shall stand discharged.
