Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ANIL KUMAR-X
Islam @ Paltoo – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
ANIL KUMAR-X, J.
1. Heard learned counsel for the appellant and learned AGA for the State.
2. This criminal appeal has been preferred against the judgment and order dated 11.9.2007 passed by Additional Sessions Judge, Court No.8, Kanpur Dehat in Sessions Trial No. 51 of 2006 ( State vs. Islam @ Paltoo ) arising out of Case Crime No. 307 of 2005, under Sections 363 , 366 and 376 IPC. Appellant was found guilty under Section 363 IPC and was sentenced for five years and fine of Rs. 1,000/-. Similarly, he was held guilty for offences under Sections 366 and 376 IPC. He was sentenced for seven years under Section 366 IPC along with fine of Rs. 1,000/- and was also sentenced for seven years and fine of Rs. 2,000/- for offence under Section 376 IPC.
3. On September 25, 2005, a written complaint (Ex. Ka. 1) was submitted by informant Fazal Ahmad. It was alleged that his daughter, aged approximately 16 years, had gone outside to answer the call of nature when she was enticed away by the appellant and two other persons. In response to the complaint, an FIR (Ex. Ka. 5) was registered on September 25, 2005, based on the application filed by the informant. The victim was recovered on Sept
The court ruled that for minor abduction charges, the prosecution must demonstrate enticement; mere cohabitation post-marriage does not constitute crime if the victim is above 16, according to Muslim....
Victim of rape being minor, her consent has no significance.
Conviction under IPC 363, 376 and POCSO Section 4 upheld for enticing minor (under 18) by suicide threat and penetrative sexual assault; consent immaterial; victim's corroborated testimony and medica....
The prosecution must prove specific intent for abduction under Section 366 IPC; failure to do so results in the acquittal of sexual assault charges.
The court affirmed the importance of credible evidence in sexual offense cases against minors while upholding the conviction for unlawful abduction but not for rape due to lack of proof.
A minor's consent is immaterial in cases of kidnapping and abduction when threats or deceit are involved, according to Section 363 and 366 of IPC.
Conviction for rape cannot be sustained where no signs of sexual intercourse is seen in victim’s body.
Rape – Consent of minor has no legal sanctity.
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
