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K. SURENDER
Bellamkonda Suman – Appellant
Versus
State of Telangana, Through Sub-Inspector of Police, rep. by Public Prosecutor – Respondent
JUDGMENT :
1. This Criminal Appeal is filed by the appellant/accused, aggrieved by the judgment in S.C.No.304 of 2017 dated 11.10.20201 passed by the Special Sessions Judge for Fast Tracking the Cases Relating to Atrocities Against Women-cum-XI Additional Metropolitan Sessions Judge, Hyderabad wherein the appellant was convicted for the offence under Section 376(2)(n) of IPC and sentenced to undergo rigorous imprisonment for a period of ten years and also fine of Rs.1,000/-, further sentenced to undergo imprisonment for a period of seven years under Section 420 of IPC and fine of Rs.1,000/- and also sentenced to undergo simple imprisonment for a period of two years under Section 506 of IPC and also to pay fine of Rs.2,000/-.
2. P.W.1 is the victim girl. She lodged a complaint on 08.08.2016 stating that she was acquainted with the appellant herein since six years. The appellant followed her saying that he was in love and want to marry her. Believing the version of the appellant, she also loved the appellant. The appellant pressurized for sexual intercourse and since the appellant promised to marry, they had sexual intercourse several times. However, the appellant was postponing the m
The central legal point established in the judgment is the requirement for reliable and corroborated evidence in grave charges, emphasizing the degree of proof necessary in such cases.
Consensual physical relation between two adults is not rape.
Prolonged consensual relationship turning sour does not constitute rape or cheating under Sections 376/417 IPC.
The prosecution failed to prove the accused's guilt beyond reasonable doubt due to inconsistent testimony and an unexplained delay in filing the complaint, resulting in the reversal of the conviction....
The central legal point established in the judgment is that consent under fear or misconception is essential to establish the offence of rape, and the court's analysis of the victim's consent and act....
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