Back
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
RAKESH KAINTHLA, J.
Pawan Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
Cr. Appeals Nos. 202, 203, 204, 205 of 2014
Decided On : 01-04-2026
| Table of Content |
|---|
| 1. convictions based on trial court judgment (Para 1 , 2 , 3 , 4) |
| 2. appellant arguments against the trial court's findings (Para 5 , 8 , 9 , 10) |
| 3. court's analysis of witness credibility and evidence (Para 6 , 7 , 11) |
| 4. admissibility and proof of documents in court (Para 12 , 13 , 14 , 15 , 17) |
| 5. minor discrepancies in witness statements (Para 18 , 23 , 26) |
| 6. victim's age as a critical factor in the case (Para 19 , 22) |
| 7. comparison of expert opinions on victim's age (Para 20 , 21) |
| 8. consent immaterial for offenses relating to minors (Para 55 , 60) |
| 9. court's final decisions and sentencing (Para 71 , 72 , 73 , 74 , 75) |
JUDGMENT :
RAKESH KAINTHLA, J.
1. The present appeals are directed against the judgment of conviction dated 28.04.2014, and order of sentence dated 30.04.2014 passed by learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P. (learned Trial Court) vide which the respondents (accused before the learned Trial Court) were convicted and sentenced as under:-
| Sections | Sentences |
| 363 read with Section 120-B of IPC | The accused were sentenced to undergo rigorous imprisonment for three years each, pay a fine of Rs. 5000/- each, and in default of payment of fine to undergo further simple imprisonment for six months each. |
| 366 read with Section 120-B of IPC | The accused were sentenced to undergo rigorous imprisonment for five years each, pay a fine of Rs. 5,000/- each, and in default of payment of the fine, to undergo further simple imprisonment for six months each. |
| Accused Sanjeev Kumar @ Sanju was also sentenced under Section 506 of IPC | The accused was sentenced to undergo rigorous imprisonment for three years, pay a fine of Rs. 5000/-, and in default of payment of fine, to undergo further simple imprisonment for two months. |
| All the substantive sentences of imprisonment were ordered to run concurrently. | |
(Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)
2. Briefly stated, the facts giving rise to the present appeals are that the informant (PW1) is the father of the victim (name being withheld to protect her identity), who was studying in class 9th. He received a call on 16.08.2008 at 10:00 PM, and the caller expressed his intention to talk to the victim. The victim revealed that the caller was Pawan, a friend of Sanju. Another call was received on 17.08.2008 at about 11 PM, and this time the call was answered by victim’s grandfather (PW9). When victim’s grandfather enquired about the purpose of the call, the caller disconnected the phone call. The victim revealed on 18.08.2008 that Sanjeev @ Sanju used to ask her to marry him or he would kill me on 19.08.2008. The informant made a complaint (Ext.PW1/A) to the police, and the police registered an FIR (Ext.PW20/B). HC Hem Raj (PW17) investigated the matter. He searched the victim. One HRTC bus came from Shimla and halted at Brahmpukhar. The victim alighted from the bus at Brahmpukhar. The informant identified her. Memo of recovery (Ext. PW1/B) was prepared. The victim was brought to the hospital. An application (Ext.PW11/A) was filed for her medical examination. Dr D. Bhangal (PW11) examined the victim and found that she had not sustained any injury. The Medical Officer preserved the sample. She advised X-ray for age determination and referred the victim to a dental surgeon. She also sought the opinion from the gynaecologist. Dr Poojan (PW3) examined the victim at the KNH Shimla on 21.08.2008 and issued the MLC (Ext.PW3/A). As per his opinion, the possibility of sexual intercourse could not be ruled out. HC Hemraj (PW17) prepared the spot map (Ext.PW17/A) and handed over the victim’s custody to her parents. Inspector Mool Raj (PW19) conducted further investigation. He visited the spot from where the victim was kidnapped and prepared a spot map (Ext.PW19/A). He arrested the accused P (a juvenile) and seized the clothes worn by him. These were put in a cloth parcel, and the parcel was
The consent of a minor is immaterial for kidnapping charges under IPC, ensuring protection from seduction or coercion.
The court maintained the conviction for kidnapping and abduction under IPC sections, granting probation to the elderly appellants, fulfilling justice despite the conviction.
Victims' consent and absence of coercion voids charges of kidnapping and sexual assault if sufficient evidence of mutual marriage exists, emphasizing personal liberties and maturity under statutory l....
Victim's consent and reliability of testimony paramount; insufficient evidence led to acquittal.
The prosecution must establish guilt beyond reasonable doubt; failure to do so entitles the accused to acquittal.
The court emphasized the importance of imposing appropriate, just, and proportionate sentences commensurate with the nature and gravity of the crime, considering the principles of proportionality, de....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
