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DELHI HIGH COURT
SUDHIR KUMAR JAIN
Ismile – Appellant
Versus
State of NCT Delhi – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 2) |
| 2. appellant's arguments on consent and evidence contradictions (Para 4 , 5) |
| 3. trial court's reliance on victim's age and evidence (Para 7 , 8 , 9) |
| 4. supreme court precedent on evidence and age (Para 10) |
| 5. consent immaterial for victims under 16 years (Para 11 , 12 , 13) |
| 6. credibility of victim's testimony (Para 16 , 17 , 18 , 19) |
| 7. judgment on sentencing and considerations for punishment (Para 20 , 21 , 22 , 23) |
| 8. conclusion of the appeal (Para 24 , 25) |
JUDGMENT
1. The present appeal is filed under section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") for setting aside judgment dated 19.01.2006 (herein referred to as the "impugned judgment") and order on sentence dated 19.01.2006 passed by the Court of Additional Sessions Judge, Karkardooma Courts, Delhi (hereinafter referred as the "trial court") passed in Sessions Case bearing no 53/2004 arising out of FIR bearing no 375/2003 registered under sections 363 of the Indian Penal Code, 1860 (hereinafter referred to as "the IPC") at P.S Preet Vihar.
2. Briefly stated relevant facts as emerging from the record are that Mahender Kumar w
Consent is immaterial in cases of minors under 16 years; sexual intercourse with a minor constitutes rape irrespective of their consent under Section 375 IPC.
Section 376(1) provides that Court may for adequate and special reasons to be mentioned in judgment imposed a sentence of imprisonment for a term less than 7 years.
Point of Law : Since said finding of Sessions Judge's Court is now proved to be erroneous and since prosecution has proved the alleged guilt of the accused for all the alleged offences beyond reason....
The main legal point established in the judgment is that 'consent' in the context of rape requires voluntary participation in the act, and mere submission does not amount to consent.
The main legal point established in the judgment is the requirement for the prosecution to prove the age of the prosecutrix and the reliability of her testimony beyond reasonable doubt, along with th....
School records' date of birth entries admissible but not conclusive proof of age without evidence of basis; prosecution must prove victim's minority beyond reasonable doubt for statutory rape convict....
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