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IN THE HIGH COURT OF DELHI AT NEW DELHI
CHANDRASEKHARAN SUDHA
Lokesh Kumar Choubey – Appellant
Versus
State (Govt. Of Nct Of Delhi) – Respondent
JUDGMENT :
CHANDRASEKHARAN SUDHA, J.
1. In this appeal filed under Section 374 of the Criminal Procedure Code, 1973 (the Cr.P.C.), the sole accused in Sessions Case No.95/2014 on the file of the Additional Sessions Judge (Special, Fast Track Court-1), West, Tis Hazari Courts, Delhi, challenges the judgement dated 23.01.2017 and order on sentence dated 28.01.2017, as per which he has been convicted and sentenced for the offence punishable under Section 376 of the Indian Penal Code, 1860 (the IPC ).
2. The prosecution case is that on 01.08.2012, the accused served a soft drink laced with some intoxicant to PW1 and committed rape upon her and thereafter continued to subject her to sexual intercourse for a period of about one year under the false promise of marriage. Hence, as per the chargesheet/final report dated 27.05.2014, the accused is alleged to have committed the offences punishable under Sections 376 and Section 328IPC.
3. Based on Exhibit PW1/A FIS of PW1 dated 18.06.2013, Crime no.312/2013, Uttam Nagar, Police Station, i.e., Exhibit PW9/A FIR, was registered by PW9, Head Constable. PW14, Inspector, conducted investigation into the crime and on completion of the same, submitt
The conviction for rape under Section 376 IPC was overturned due to insufficient evidence of lack of consent and significant doubts raised by the circumstantial evidence.
Consent in sexual relations must be informed and voluntary; mere promise of marriage does not constitute grounds for rape if the relationship is consensual.
The court affirmed that consent of a minor is irrelevant in rape cases, reinforcing statutory protections and addressing evidential credibility.
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
The court emphasized that prosecution must prove guilt beyond a reasonable doubt, and inconsistencies in testimonies and lack of medical evidence prohibited sustaining the conviction.
Kidnapping and rape – Reliance on emotional state of victim as a proxy for corroboration of allegations would be both legally unsound and procedurally inappropriate.
The central legal point established in the judgment is that consent under fear or misconception is essential to establish the offence of rape, and the court's analysis of the victim's consent and act....
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