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DUPPALA VENKATA RAMANA
Hiramani Singh – Appellant
Versus
State Of Madhya Pradesh – Respondent
JUDGMENT :
This present criminal appeal filed under section 374(2) of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) has been preferred against the impugned judgment dated 20-7-2004 passed by the learned First Additional Sessions Judge, Rewa in Session Trial No. 60/2004, whereby the appellant - Hiramani Singh has been convicted for offence under sections 363 and 366 of the IPC (for short “IPC”) and sentenced to rigorous imprisonment for one year and pay fine of Rs. 500/- each count, in default of payment of fine undergo R.I. for three-three months respectively.
2. Background facts in a nutshell are as follows :
In the intervening night of 21/22 January, 2004, at about 10:30 PM the prosecutrix aged about 16 years was in her house and her family members were slept. At around 12:30 in the night, her father Roshanlal woke up and noticed that her daughter (prosecutrix) was not on the bed and he informed her mother and both were searching and noticed that all doors were locked inside and she might climb on the roof of house and jumped on the roof of adjacent house because roof of adjacent house is in dilapidated condition and they presumed that their daughter might have eloped w
The court established that consent and age are critical in abduction cases, and the prosecution must prove intent to abduct for illicit purposes under IPC sections 363 and 366.
The prosecution must provide conclusive evidence of a victim's age and lack of consent in sexual assault cases; insufficient evidence leads to acquittal.
The determination of the prosecutrix's age and the credibility of the prosecution's evidence are crucial in establishing the guilt of the accused.
The main legal point established in the judgment is the requirement for the prosecution to prove the age of the prosecutrix and the reliability of her testimony beyond reasonable doubt, along with th....
Rule 12 is strictly applicable only to determine age of a child in conflict with law.
The appeal was allowed as the prosecution failed to prove the prosecutrix's age and voluntary relationship negated the charges of abduction and rape.
Evidence of consent and age discrepancy plays a crucial role in sexual assault convictions. The prosecution must provide conclusive evidence supporting the minor's age and lack of consent for kidnapp....
The main legal point established in the judgment is the requirement for the prosecution to establish guilt beyond reasonable doubt, especially in cases involving discrepancies in evidence and inconsi....
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