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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Navneet Kumar
Gopal Singh @ Gopal Kumar Singh, son of Sri Mahadeo Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Navneet Kumar, J.
This Criminal Appeal is directed against the Judgment of Conviction dated 17.05.2006 and Order of Sentence dated 18.05.2006 passed by the learned Additional Session Judge, Fast Track court-IInd, Bokaro in S.T. No. 265 of 2004, in G.R. Case No. 496 of 2004 arising out of B.S. City (Sector-XII) P.S. Case No. 123/04 whereby and whereunder the appellant has been convicted under sections 376/316 of the INDIAN PENAL CODE and sentenced to undergo Rigorous Imprisonment for 7 years under both the sections 376 and 316 of the INDIAN PENAL CODE with fine of Rs.10,000/- and in default of payment of fine he shall further undergo RI for 6 months. Both the sentence directed to run concurrently.
2. The prosecution story as unfolded in the fardbeyan of the victim/PW3 on 05.06.2004 is as under:
PW3 stated in her statement that Gopal Singh (appellant) was her neighbour and when her father got fracture in his leg and during the treatment of her father the victim/PW3 and the appellant became friend and thereafter the appellant started making physical relation with her. Whenever her father tried to settle her marriage, Gopal Singh on one pretext or other got it cancelled and
A consensual relationship with a woman above 16 years does not constitute rape under IPC, particularly when no false promise of marriage is established.
The determination of the victim's age is crucial in cases of sexual offences, and the court emphasized the importance of following the procedure for determining the age of a juvenile under the Juveni....
The judgment establishes that consent is a critical factor in cases of alleged rape, and the absence of evidence proving coercion or the victim's minority can lead to acquittal.
The central legal point established in the judgment is the requirement for reliable evidence and corroboration in cases involving sexual offences, especially in the absence of conclusive evidence reg....
The court established that the benefit of doubt must favor the accused in cases of uncertain age and lack of corroborative evidence for sexual offences.
When a full grown girl consents to act of sexual intercourse on promise of marriage and continues to indulge in such activity until she becomes pregnant, it is an act of promiscuity on her part.
The prosecution must prove charges beyond reasonable doubt, and evidence must be corroborated with medical evidence and other reliable sources.
The central legal point established in the judgment is the requirement for the prosecution to establish the victim's age beyond all reasonable doubt and the reliability of the victim's testimony in c....
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