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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS
Mahaveer Chaik, S/o. Bori @ Baisakhu – Appellant
Versus
State Of Chhattisgarh, P.S. – Respondent
| Table of Content |
|---|
| 1. conviction based on victim's narrative. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. defense claims victim's consent. (Para 7 , 8) |
| 3. court's focus on consent and proof. (Para 9 , 10 , 11) |
| 4. evidence analysis regarding consent. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 5. legal definitions of consent. (Para 21 , 22 , 24 , 25 , 26 , 27) |
| 6. affirmation of trial court's findings. (Para 28) |
| 7. dismissal of appeal; order for surrender. (Para 29 , 30) |
Judgment :
Narendra Kumar Vyas, J.
1. The appellant by way of this appeal has challenged the judgment dated 22.12.2004 passed by the Sessions Judge, Jashpur (CG) in Sessions Trial No. 26/2003 whereby and whereunder, appellant has been convicted and sentenced as under :-
| Conviction u/S. | Sentence RI | Fine | In default of payment of fine |
|---|---|---|---|
| 506 IPC | 2 Years | -- | --- |
| 323 IPC | 1 Year | -- | --- |
| 342 IPC | 1 Year | -- | --- |
| 376 IPC | 7 Years | Rs. 300/- | R.I. 1 month |
2. Briefly stated, the case of the prosecution is that the victim lodged an FIR bearing Crime No. 7/2003 at Police Station Narayanpur, District Jashpur, alleging that on the date of the incident, i.e., on 14.03.2003, her husband had gone to Pandripani for earning his livelihood. As he did not return to his house that night,
Consent obtained through threats does not establish consensual engagement; credible victim testimony supported by evidence can suffice for conviction in sexual assault cases.
Consensual relationships under false pretenses of marriage do not equate to rape; absence of evidence supporting non-consent leads to acquittal.
The court found that the absence of resistance and evidence indicated the victim consented to the sexual act, leading to the dismissal of the rape charge against the appellant.
The main legal point established in the judgment is the principle that corroboration is not required for the testimony of the victim in case of rape if the evidence is of sterling quality. The judgme....
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