Back
VIKRAM NATH, SANJAY KAROL
Raju @ Nirpendra Singh – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
VIKRAM NATH, J.
1. The instant appeals have been preferred by the accused-appellants against the common judgment dated 15.05.2013 passed by the High Court of Madhya Pradesh in Criminal Appeal No. 1850 of 2010 and other connected matters wherein the High Court had dismissed the appellants’ appeals and affirmed the conviction and sentences for the offences under Section 366 and 376(2)(g) of the Indian Penal Code,18601[IPC].
2. The appeals arise from a common set of facts and interlinked offences which have been briefly stated below. The prosecution case is that the prosecutrix, who at the relevant point of time was an unmarried girl aged about 17 years, and was residing with her paternal aunt named Premwati since childhood in village Chowka Sonvarsha. Indrapal (Accused No. 2, i.e. “A2”) was the Sarpanch of Gram Panchayat Dhoraha whereas Sheshmani (Accused No. 1, i.e. “A1”) was the husband of Sarpanch of Gram Panchayat Chowka Sonvarsh. Houses belonging to A1 Sheshmani and Premwati were located in the same neighbourhood.
3. It was alleged that around 4th/5th June, 2005, A1 Sheshmani assured the prosecutrix, who by then had studied upto Class X, of securing her employment in near fu
The court affirmed that consent is irrelevant in statutory rape cases involving minors, emphasizing the victim's age and circumstances of captivity.
The court affirmed that a minor cannot consent to sexual acts and emphasized the importance of medical evidence and credible witness testimonies in rape cases.
The conviction for rape and trespass was upheld based on credible witness testimony, and the sentence was reduced considering the time elapsed since the crime.
(1) Rape – Evidence of prosecutrix in a case of rape is of same value as that of an injured witness – Conviction can be made on the basis of sole testimony of prosecutrix – Age of prosecutrix has an ....
The appellate court found insufficient evidence to support the conviction for kidnapping and rape, determining that the prosecutrix willingly accompanied the appellants.
The main legal point established in the judgment is the requirement for the prosecution to establish guilt beyond reasonable doubt, especially in cases involving discrepancies in evidence and inconsi....
The credibility of prosecutrix's testimony is sufficient for conviction without requiring independent corroboration when circumstances support her claims.
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
