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HIGH COURT OF JHARKHAND
MR. JUSTICE PRADEEP KUMAR SRIVASTAVA, J
Uttam Biswas – Appellant
Versus
State Of Jharkhand – Respondent
| Table of Content |
|---|
| 1. appellants accused of kidnapping (Para 2) |
| 2. fir registered after delay (Para 3 , 4 , 5) |
| 3. defense argues lack of evidence (Para 6) |
| 4. victims admitted love affairs (Para 7) |
| 5. delay in fir registration (Para 8 , 9 , 10 , 11) |
| 6. prosecution case examined (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 7. court misapprehended evidence (Para 28 , 29 , 30 , 31 , 32 , 33) |
JUDGMENT :
1. Heard learned counsel for the parties.
FACTUAL MATRIX
4. In course of investigation, the victim girl was recovered and her statement under Section 164 of the Cr.P.C. was recorded and she was subjected to medical examination and after conclusion of investigation, charge-sheet was submitted against the above-named appellants under Sections 366A / 376 / 34 of the I.P.C. The case was committed to the court of Sessions for trial.
6. Learned counsel for the appellants assailing the impugned judgment and order of the appellants has vehemently argued that in this case two girls were missing from the School, who happens to be the daughter of P.W.-1 Anil Bouri and P.W.-2 Sahdeo Bouri respectively, who have admitted in clear terms in their evidence that both the victim
Consent of victims negated charges under IPC Sections 366A and 376, as they were of legal age and had prior relationships with the appellants.
Victim's testimony is paramount in sexual assault cases; absence of consent is established despite claims of the victim's age affecting the offence's classification.
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 rape was upheld based on consistent victim testimony, while the conviction for kidnapping was set aside due to insufficient evidence of intent.
The central legal point established in the judgment is the requirement for clear and consistent evidence to establish the elements of a criminal offense, particularly regarding the age of the victim ....
Conviction under Section 363 for kidnapping established, while acquittal under Sections 366A and 120B upheld due to lack of evidence for conspiracy and illicit intent.
The prosecution must prove beyond a reasonable doubt that the accused kidnapped the victim with the intent to compel her to marry or to seduce her to illicit intercourse, and mere allegations without....
The conviction for rape can be overturned if the evidence is insufficient to demonstrate the lack of consent, particularly when the victim's own statements indicate a consensual relationship.
The court established that a victim's age and the nature of consent are critical in determining liability for sexual offenses, emphasizing the importance of conclusive evidence.
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