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NARENDRA KUMAR VYAS
Gorakhnth Sharma – Appellant
Versus
State of Chhattisgarh Through Station House Officer – Respondent
JUDGMENT (CAV)
This Criminal Appeal under Section 374 (2) of CrPC has been filed against the judgment of conviction and order of sentence dated 11.02.2019 passed by Additional Sessions Judge (FTC) Bastar Jagdalpur in Sessions Trial No. 32 of 2018, by which the appellant has been convicted under Sections 377, 376 and 304 of the IPC and has been sentenced to undergo rigorous imprisonment for 10 years to pay fine of Rs. 1000/-, in default of payment of fine to undergo additional RI for one year under Section 377 IPC, RI for 10 years to pay fine of Rs. 1000/- in default of payment of fine to undergo additional RI for one month under Section 376 IPC and RI for 10 years to pay fine of Rs. 1000/- in default of payment of fine to undergo additional RI for one month under Section 304 IPC with a direction to run the sentences concurrently.
2. The prosecution case, in brief, is that the appellant was the husband of the victim who was working as driver. On 11.12.2017 in the night the appellant committed unnatural sex with the victim against her will and thereafter he left her there and went to work. It is alleged that the appellant inserted his hand in the anus of the victim due to which the vi
(1) Rape – If age of wife is not below 15 years then any sexual intercourse or sexual act by husband with his wife cannot be termed as rape.(2) If provisions of latter enactment are so inconsistent o....
The court held that Sections 375 and 377 IPC do not apply to marital relationships, and a dying declaration must inspire full confidence and be corroborated to support a conviction.
If a man and a woman indulged in anal sex with their free consent in private, no offence under Section 377 IPC is made out.
The main legal point established in the judgment is the application of legal provisions related to marital cruelty, unnatural intercourse, and the burden of proof in cases of allegations of false all....
Point of Law : Sexual abuse on child - ‘carnal intercourse’ - Offence under section 377 would therefore arise when there is ‘penetrative intercourse’ which is ‘against the order of nature’.
Cruelty, rape and hurt – Forced unnatural sex by a husband on his wife amounts to cruelty under Section 498A IPC , but cannot be prosecuted as rape under Section 376 IPC.
The court clarified that a conviction under Section 304B for dowry death does not substitute for a murder charge under Section 302, emphasizing the need for distinct evidence for each charge.
The court found the dying declarations credible, linking the accused's rape to the victim's suicide, justifying conviction under IPC Sections 376 and 306.
Simultaneous convictions under IPC sections for dowry death and murder require clear evidence for the latter; presumption of dowry death applies if cruelty is established prior to death.
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