Back
B. R. GAVAI, K. VINOD CHANDRAN
Akula Raghuram – Appellant
Versus
State Of Andhra Pradesh – Respondent
JUDGMENT :
K. VINOD CHANDRAN, J.
The appeal arises from the order of the Revisional Court which confirmed the conviction and sentence of the accused/appellant under Section 366-A of the Indian Penal Code, 18601[“IPC”] as handed over by the Trial Court and confirmed by the Appellate Court.
2. Mr. Abhijit Basu, learned Senior Counsel appearing for the appellant pointed out that the conviction under Section 366-A is totally misconceived since none of the ingredients under the provision are attracted in the above case. The allegation is one that the appellant having taken away the victim with an intention of marrying her. There is absolutely no allegation of any sexual advance having been made against the victim by the accused or any third party. The fact remains that victim who was a major, had roamed around for about two months and returned home to raise the allegation against the appellant. There are gross inconsistencies in the evidence of the victim and her parents as to the cause leading to the alleged abduction; which makes the story completely unbelievable. Neither has the appellant induced the victim nor was there any likelihood of she being forced or seduced to illicit intercour
(1) Procuration of minor girl – Even if there is consent, accused cannot be absolved of criminal liability if child is a minor.(2) Even in case of Ossification Test, there could be a difference of tw....
The prosecution must prove that a minor was induced to engage in illicit intercourse for a conviction under section 366A, which was not established in this case.
Consent of a minor is not valid under law, affirming the conviction for rape while setting aside the kidnapping conviction due to lack of evidence.
An offence under Section 366 IPC, it is necessary for the prosecution to prove that the accused induced the complainant woman or compelled by force to go from any place, that such inducement was by d....
The prosecution must establish the victim's age and consent beyond reasonable doubt in cases of sexual offences involving minors.
The conviction for rape was upheld based on consistent victim testimony, while the conviction for kidnapping was set aside due to insufficient evidence of intent.
Rape – Consent of minor has no legal sanctity.
The prosecution failed to prove the victim's age and the occurrence of sexual intercourse, leading to the acquittal of the appellant.
The consent of a minor is not recognized in the eyes of the law, and actions involving a minor's enticement and physical relations can constitute kidnapping and aggravated penetrative assault under t....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
