IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN, PRADEEP KUMAR SRIVASTAVA
Vijay Diggar @ Pawroti S/o Mahavir Diggar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Pradeep Kumar Srivastava, J.
1. Heard learned counsel for the parties.
2. The present appeal is directed against the judgment of conviction dated 06.06.2002 and order of sentence dated 12.06.2002 passed by learned 1st Additional Sessions Judge, Bokaro in Sessions Trial No. 287 of 2000, whereby and whereunder, the appellant has been held guilty for the offence under Sections 366 and 376 of the I.P.C. and sentenced to undergo rigorous imprisonment for ten years for the offence under Section 366 of the I.P.C. and further sentenced to undergo rigorous imprisonment for ten years for the offence under Section 376 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 12.06.2000 at about 7-7:30 P.M., the victim girl went out from her house for walking, but she did not return to home till late night. It is alleged that her parents and neighbours started searching her at the adjoining places, but no trace was found. In course of search, the informant came to know that the present appellant namely, Vijay Diggar @ Pawroti of same mohalla had taken away minor victim girl for illicit inter-course. The
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 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 a woman above 16 years negates the charge of rape; the prosecution must prove all elements of the alleged offences.
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.
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 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 ....
The court upheld the conviction for kidnapping and rape despite claims of consent, reinforcing that statutory definitions supersede personal relationships in criminal matters.
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.
Consent of minors is not legally relevant; the offence of rape established through credible victim testimony and corroborative evidence.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.