Back
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 :
PRADEEP KUMAR SRIVASTAVA, J.
1. Heard learned counsel for the parties.
2. The present appeal is directed against the judgment of conviction dated 07.01.2006 and order of sentence dated 09.01.2006 passed by learned 2nd Additional Sessions Judge, Jamtara in Sessions Case No. 266 of 2001 / 34 of 2005, whereby and whereunder the appellants have been held guilty for the offence under Section 366A & 376 of the I.P.C. and sentenced to undergo R.I. of five years along with fine of Rs. 1,000/- for both the offences under Section 366A & 376 of the I.P.C. with default stipulation. Both the sentences were directed to run concurrently.
FACTUAL MATRIX
3. The facts giving rise to this appeal is that on 28.06.2001, both appellants enticed the minor daughter of the informant Sahd
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.
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
