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IN THE HIGH COURT OF ORISSA AT CUTTACK
D. DASH, G. SATAPATHY
Himadri Bagar – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. overview of conviction and charges against the appellant. (Para 1 , 2 , 3) |
| 2. defendant's denial and defense arguments. (Para 4 , 6) |
| 3. court's analysis of evidence and victim's age. (Para 5 , 7 , 8 , 9) |
| 4. court's reasoning on consensual relationship and age of consent. (Para 10 , 11) |
| 5. final conclusion on acquittal and implications. (Para 12 , 13 , 14) |
JUDGMENT :
G. Satapathy, J.
1. This appeal assails the judgment of conviction passed on 18.08.2012 by the learned Additional Sessions Judge, Kuchinda in S.T. Case no. 21 of 2009 convicting the appellant for offences punishable U/Ss. 493/376 of the INDIAN PENAL CODE , 1860 (In short the 'IPC') and Section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (in short the 'Act') and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- (Rupees ten thousand only), in default whereof, to undergo further imprisonment for one year on each count. The learned trial Court, however, by the aforesaid judgment has also acquitted the Appellant of the charge U/S.506 of IPC.
An overview of prosecution case:
2. On 18.11.2006 at about 4 P.M., the victim lodged an F.I.
The court ruled that the prosecution failed to establish the victim's age and that the relationship was consensual; thus, no conviction for rape or under the Act was sustainable.
The testimony of a victim in sexual assault cases can be sufficient for conviction if corroborated by credible evidence, including medical reports.
The prosecution must prove the victim's age and absence of consent beyond reasonable doubt; inconsistencies in testimony can lead to acquittal.
The absence of injuries or spermatozoa does not negate the victim's credibility; consent cannot be presumed based on age alone.
The court held that inconsistent victim testimony and lack of corroborating evidence rendered the conviction unsustainable, emphasizing issues of consent and age in sexual exploitation cases.
The Court held that a consensual relationship with an adult victim does not attract sections under IPC and POCSO Act, but evidence warranted conviction under SC/ST Act.
The conviction for rape can be sustained based on the victim's testimony and medical evidence, but a conviction under the SC/ST Act requires clear evidence that the crime was motivated by the victim'....
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.
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