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MALASRI NANDI
Md. Farid Ali, S/o. Md. Kasim Ali – Appellant
Versus
State Of Assam, Through The P. P. , Assam – Respondent
JUDGMENT :
(Malasri Nandi, J.) :
Heard Mr. A.N. Ahmed, learned counsel for the appellant. Also heard Mr. B. Sharma, learned Additional P.P. representing the State.
2. This appeal is directed against the Judgment and order dated 10/08/2023, passed by the learned Assistant Sessions Judge, Karbi Anglong, Diphu in Sessions case no. 68/2015, whereby the accused/ appellant was convicted u/s 376 IPC and sentenced to undergo rigorous imprisonment for Seven years and to pay a fine of Rs. 5000/- in default RI for one month.
3. The brief facts of the case is that an FIR has been lodged by the informant before the OC, Diphu Police Station stating inter aliathat on 02/08/2014, his daughter went missing from Diphu Bazar. Later on, they came to know that the appellant kidnapped his daughter. Thereafter, the victim was recovered from the house of the accused/ appellant located at Silbhanga village under Jagiroad police station.
4. On receipt of the FIR, a case was registered vide Diphu PS case no. 217 of 2014 u/s 366/ 342/ 376/ 34 IPC and investigation was initiated. After completion of investigation, charge sheet was submitted against the appellant u/s 366/ 342/ 376 IPC, before the court of magist
Consent and marital status of the victim are crucial in determining the applicability of rape charges under IPC.
Rape – Sexual intercourse between legally married husband and wife, cannot be considered as rape.
The court emphasized that discrepancies in the victim's testimony and medical evidence led to the conclusion that the encounter was consensual, thus overturning the conviction for rape.
Consent of a woman above 16 years negates the charge of rape; the prosecution must prove all elements of the alleged offences.
The conviction for kidnapping and rape was upheld based on the reliable testimony of the victim, who was underage, making consent irrelevant.
The prosecution must establish the victim's age and consent beyond reasonable doubt in cases of sexual offences involving minors.
Consent of a minor is not valid under law, affirming the conviction for rape while setting aside the kidnapping conviction due to lack of evidence.
Victim of rape being minor, her consent has no significance.
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