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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
RAJNISH KUMAR
Pradeep Kumar @ Pappu @ Bhuriya – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
RAJNISH KUMAR, J.
1. Heard Sri Ashutosh Singh, learned counsel for the appellant and Shri Badrul Hasan, learned Additional Government Advocate (here-in-after referred as AGA).
2. This Criminal Appeal under Section 374(2) of Code of CRIMINAL PROCEDURE CODE (here-in-after referred as CrPC) has been filed for setting aside the conviction and sentence awarded by Additional Sessions Judge/Fast Track Court No. 2, Lucknow by means of the judgment and order dated 06.02.2009 passed in Session Trial No. 391/2008: State Vs. Pradeep Kumar @ Pappu @ Bhuriya arising out of Case Crime No. 266/04 under Section 363 /366/376/511/354 of INDIAN PENAL CODE (here-in-after referred as IPC), Police Station Aliganj, District Lucknow, by which the appellant has been convicted and awarded sentence of 10 years rigorous imprisonment and Rs. 5000 fine under Section 376 /511 IPC and in default of payment of fine one year additional imprisonment and sentence of 7 years simple imprisonment and Rs. 3000 fine under Section 366 IPC and in default of payment of fine, six months additional imprisonment and sentence of 5 years simple imprisonment and Rs. 2000 fine under Section 363 IPC and in default of payment
In rape and kidnapping cases, delays in lodging FIR due to familial considerations are acceptable; the victim's credible testimony can establish the offence of attempted rape even without penetration....
The conviction for kidnapping and attempted rape was upheld, emphasizing that familial relationships do not negate the gravity of sexual offences against minors.
Consensual relationships under false pretenses of marriage do not equate to rape; absence of evidence supporting non-consent leads to acquittal.
Partial penetration is sufficient for a conviction of attempted rape, reaffirming the necessity of proven intent to commit the offence.
The court clarified the distinction between attempted rape and assault, ruling that the appellant's actions constituted assault under IPC Section 354, not attempted rape under Section 376.
Insufficient evidence for conviction under IPC Section 376(1) necessitates conviction for attempted rape under Section 376/511 due to partial penetration.
Attempted rape under IPC Sections 376 and 511 established through credible victim testimony, despite lack of penetration.
Point of law: Rape case - Conviction - Sentence of life imprisonment set aside - No justification for the trial court while convicting accused-appellant for offence under Section 376 IPC to sentence ....
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