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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE PRADEEP KUMAR SRIVASTAVA, J
Surendra Lohra S/o Sukhdeo Lohra – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. details of the complaint and charges (Para 3 , 4 , 5) |
| 2. evidence presented by prosecution and defense (Para 6 , 7) |
| 3. arguments from appellant and state (Para 9 , 10 , 11) |
| 4. court's observations on trial duration and severity of punishment (Para 12 , 18) |
| 5. final decision and sentencing outcome (Para 19 , 20 , 21) |
JUDGMENT :
PRADEEP KUMAR SRIVASTAVA, J.
1. Heard learned counsel for the parties.
2. Above named appellant has preferred this criminal appeal challenging judgment of conviction dated 07.08.2007 and order of sentence dated 13.08.2007 passed by learned Additional Judicial Commissioner-XI, Ranchi in Sessions Trial Case No. 545 of 2004/Session Trial No. 86 of 2005 (arising out of Chanho P.S. Case No. 48 of 2004), whereby and whereunder, the appellant has been held guilty for the offence punishable under Sections 366-A/34 and 376 of the I.P.C. and sentenced to undergo R.I. for seven years along with fine of Rs.500/- for the offence punishable under Section 376 of the I.P.C. R.I. for five years under Section 366(a) /34 of the I.P.C. along with fine of Rs.500/- with default stipulation. Both the sentences are directed to be run concurrently.
FACTUAL MATRIX
3. The fact
The court upheld the conviction for kidnapping and rape despite claims of consent, reinforcing that statutory definitions supersede personal relationships in criminal matters.
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.
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 court reduced the sentence to time already served due to prolonged trial and significant delay since the offence, affirming that such punishment suffices to meet justice.
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.
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.
Consent of victims negated charges under IPC Sections 366A and 376, as they were of legal age and had prior relationships with the appellants.
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.
Conviction for kidnapping upheld based on insufficient evidence for abduction; appellant's role limited to assistance in the act.
Conviction under Section 366A IPC requires proven inducement and intent for illicit intercourse, which were not established in this case.
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