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RAM MANOHAR NARAYAN MISHRA
Raju Musalman – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. criminal appeal reference and initial facts. (Para 1 , 4) |
| 2. overview of appeal context and legal representation. (Para 2) |
| 3. arguments regarding appellant's imprisonment and appeal. (Para 3 , 11 , 12) |
| 4. details of investigation and recovery of the victim. (Para 5 , 6 , 7 , 10) |
| 5. findings and observations regarding minor's status. (Para 8 , 9) |
| 6. court's reasoning on consent and evidence. (Para 14 , 20) |
| 7. final conclusion and order of dismissal. (Para 21 , 22 , 23) |
JUDGMENT
Ram Manohar Narayan Mishra, J.
The instant Criminal Appeal has been preferred by the accused appellant against judgment and order dated 29.04.2011 passed by learned Special Judge (SC/ST Act), Mirzapur in S.T. No.146 of 2008 State v. Raju Musalman, arising out of Case Crime No.111 of 2008 under Sections 363 , 366, 376 of IPC, section 3(1)12 of SC/ST Act, Police Station Lalganj, District Mirzapur. By the impugned judgment and order learned Special Judge convicted the appellant/accused for charge under Section 363 , 366 and 376 IPC and Section 3(1)(12) of SC/ ST (PA) Act and sentenced him to five years rigorous imprisonment along with file of Rs. 500 for charge under Section 363 IPC, seven years rigor
The court reaffirmed that sexual consent from minors is invalid, establishing the accused's culpability for kidnapping and sexual assault under relevant laws, particularly highlighting the victim's s....
Consent of a minor is invalid in sexual offences, establishing that enticement and sexual acts against minors constitute serious crimes, particularly under IPC and scheduled caste legislation.
Rape – Consent of minor has no legal sanctity.
The prosecution must establish the victim's age and the accused's intent beyond reasonable doubt in cases of sexual offences, and mere allegations without corroborative evidence are insufficient for ....
Charges under Sections 363, 366 IPC and Section 8 of POCSO Act require proof of inducement or coercion, which was not established as the victim left voluntarily.
The judgment reinforces the legal principle that the exploitation of a position of trust, particularly by a teacher towards a minor, constitutes a serious offense under both the IPC and the POCSO Act....
Victim of rape being minor, her consent has no significance.
The main legal point established in the judgment is that while the evidence supported the conviction for kidnapping, it was insufficient to establish the allegations of rape and sexual assault due to....
An offence under Section 366 IPC, it is necessary for the prosecution to prove that the accused induced the complainant woman or compelled by force to go from any place, that such inducement was by d....
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