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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.SUDHA, J
MANIKANDAN @@@ MANI, S/o.gopalan @@@ BALAN – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
(C.S. SUDHA, J.)
In this appeal filed under Section 374(2) Cr.P.C., the appellant, the sole accused, in S.C.No.298 of 2008 on the file of the Special Court for SC/ST (POA) Act Cases, Manjeri, challenges the conviction entered and sentence passed against him for the offence punishable under Section 376 IPC.
2. The prosecution case is that the accused, a Hindu Thiyya with the intention of raping PW1, knowing fully well that she is a scheduled caste belonging to the Hindu-Cheruman community, on the promise of marriage on 25/06/2006 took her to a lodge by name Ayodhya situated by the side of Vettichira- Kadampuzha public road, checked into room no.115 of the said lodge and after 08:00 p.m. forcibly undressed PW1 and raped her. Hence, the accused as per the final report is alleged to have committed the offences punishable under Section 376 IPC and Sections 3(1)(xi) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the SC/ST Act) .
3. Ext.P1 FIS of PW1 the victim was recorded by PW12, ASI, Perinthalmanna police station, who registered Ext.P11 FIR. Thereafter, the FIR was transferred to the Kalpakanchery police station as the crime t
Consent obtained under a promise of marriage must be scrutinized, especially when inconsistencies in the victim's testimony raise doubts about the nature of consent.
Consent for sexual intercourse is vitiated by misconception of fact, but mutual consent in a relationship does not constitute rape without evidence of malicious intent.
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.
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The prosecution must establish that an offence under the SC/ST (POA) Act was committed specifically because the victim belongs to a Scheduled Caste, and the accused must have actual control over a ju....
Testimonial inconsistencies and lack of corroboration undermine a conviction for rape, especially when based solely on a victim's testimony.
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....
The prosecution failed to establish rape beyond reasonable doubt; however, conviction for criminal trespass upheld due to sufficient evidence of unlawful entry and intent to outrage modesty.
Consent in sexual relationships must be scrutinized for deception linked to promises of marriage; a mere breach does not equate to coercion or rape.
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