Back
RAM MANOHAR NARAYAN MISHRA
Raju Musalman – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. overview of the criminal appeal and charges (Para 1 , 2) |
| 2. details of the case's factual background and evidence (Para 4 , 5 , 6 , 7) |
| 3. trial court's findings on minor's status and enticement (Para 8 , 9) |
| 4. appellant's arguments against conviction and finding of guilt (Para 10 , 11 , 12 , 13 , 14) |
| 5. evidence from witnesses supporting the prosecution (Para 15 , 16 , 17 , 18 , 19) |
| 6. court's summary of the case findings (Para 20) |
| 7. dismissal of appeal and conclusion (Para 21 , 22 , 23) |
JUDGMENT :
Ram Manohar Narayan Mishra, J.
1. 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 Vs. 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 alongwith file of Rs.500 for charge under Section 36
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.
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....
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.
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....
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....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
