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IN THE HIGH COURT OF JHARKHAND AT RANCHI
PRADEEP KUMAR SRIVASTAVA
Jasbir Singh @ Bapi, son of Shri Jaspal Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1.Heard learned counsel for the parties.
2. The present appeal is directed against the judgment of conviction and order of sentence dated 24.04.2007 passed by learned Additional Sessions Judge-III, East Singhbhum, Jamshedpur in Sessions Case No. 139 of 2005, whereby and whereunder the appellant has been held guilty for the offence under Section 376 & 366A of the I.P.C. and sentenced to undergo R.I. for seven years along with fine of Rs. 5,000/- for the offence under Section 376 of the I.P.C. and further sentenced to undergo S.I. for one year for the offence under Section 366A of the I.P.C. Both the sentences were directed to run concurrently.
FACTUAL MATRIX
3. The factual matrix giving rise to this appeal is that on 30.04.2004 at about 7:00 AM, the informant left his daughter (victim girl) at K.M.P.M. Inter College. The daughter of the informant also requested to send her brother at about 11:00 AM for returning back to home. It is further alleged that informant’s son Vivek reached at the said College at 10:45 AM and was waiting for his sister till 12 O’ Clock, but she did not come out from the College, then he returned to home and narrated the above matter to his parents. In
Consent of a woman above 16 years negates the charge of rape; the prosecution must prove all elements of the alleged offences.
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 victims negated charges under IPC Sections 366A and 376, as they were of legal age and had prior relationships with the appellants.
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 Court ruled that evidence of school records is primary for establishing age in sexual offense cases, and a minor's consent is irrelevant. Conviction under Section 366A was modified to Section 363....
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 conviction under Section 366-A was set aside for insufficient intent, affirming that taking a minor from guardianship constitutes kidnapping under Section 363 irrespective of consent.
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 ....
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.
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