Facts
The prosecutrix alleged that the appellant entered her home in the early hours of 27/28 January 2007 and raped her.
Source reference: p. 1–4, paras. 2–10She reported the incident to villagers, and a police case under Section 376 IPC was registered on 3 February 2007.
Source reference: p. 1–4, paras. 2–10The trial court convicted the appellant under Section 376 IPC and sentenced him to seven years’ rigorous imprisonment and a fine.
Source reference: p. 1–4, paras. 2–10In appeal, the appellant argued that the relationship was consensual and challenged the assessment of the prosecutrix’s age; the State relied on her testimony and argued that she was below the age of consent.
Source reference: p. 1–4, paras. 2–10The medical examination found no injuries and gave no definite opinion on rape; the radiological assessment placed her age at about 18 years.
Source reference: p. 8–9, para. 14Issues
1. Whether the trial court’s judgment of conviction and sentence disclosed an error of law warranting appellate interference.
Source reference: p. 5, para. 122. Whether the prosecutrix’s testimony, considered with the other evidence and the dispute over her age and consent, was sufficient to sustain the conviction.
Source reference: p. 10–12, paras. 15–18Law Applied
The Court considered the offence under Section 376 IPC and treated consent as legally immaterial if the prosecutrix was below 16 years of age, referring to the applicable statutory age threshold.
Source reference: p. 4, 11–12, paras. 10, 15, 18It applied the principle in Krishan Kumar Malik v. State of Haryana, (2011) 7 SCC 130, that the sole testimony of a prosecutrix may sustain a rape conviction if it is confidence-inspiring, trustworthy, unblemished, and of sterling quality.
Source reference: p. 11, para. 17Reasoning
The Court found the prosecutrix’s account consistent with her report and considered it supported by the evidence of villagers, including a witness who said he saw the appellant inside the house during the incident.
Source reference: p. 6–10, 14–15It regarded the absence of injuries and the inconclusive medical opinion as insufficient to displace her testimony, noting that the medical examination occurred eight days after the alleged assault.
Source reference: p. 8–9, 11, paras. 14–15Although the medical assessment estimated her age at about 18, the Court relied on her stated age and the trial court’s assessment to conclude that she was under 16; it therefore rejected the appellant’s plea of consent.
Source reference: p. 10–12, paras. 15, 18The Court held that her evidence was reliable and required no independent corroboration.
Source reference: p. 11, paras. 16–17Holding
The High Court found no illegality or infirmity in the conviction or sentence and dismissed the appeal.
It cancelled the appellant’s bail bond and directed him to surrender before the trial court within two months to serve the sentence, failing which coercive steps could be taken to secure his custody.
Source reference: p. 12, para. 20Acts & Sections Cited
3 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Indian Penal Code, 18601
Code of Criminal Procedure, 19732
Original Court PDF
JITENDRA DASvsSTATE OF JHARKHAND
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