Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 368 - Crime against minor girl 366 366-A 376 Penal Code 1860: ss.363 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: ss.363, 366, 366-A, 376, 368 -Crime against minor girl - Prosecution case was thatappellant kidnapped a minor girl and raped her - His uncleand aunt knowing about the kidnapping helped him inconcealing the girl in their house and they all in furtherance of common intention committed murder by administeringpoison to her - Trial court acquitted uncle and aunt of alloffences -Appellant was acquitted of offence of murder andconvicted u/ss.363, 366, 366-A, 368, 376 - High Court upheld the order of conviction - In the instant appeal, appellant ischallenging the conviction order by placing reliance on the"suicide note" stated to have been written by the deceased-HELD: It is not in dispute that appellant had also made asimilar attempt to commit suicide along with the deceased - In the suicide note, deceased had made unequivocalstatement to the effect that she had left her residence by herown free will - It was, therefore, not possible to record theguilt of appellant u/s. 363 - The only evidence available wasthat deceased was found at the residence of the appellant based on which it was presumed that the appellant hadkidnapped the deceased - The said presumption was whollymisconceived-As regards s.366, the note of the deceasedindicated that she had committed suicide, rather than havingmarried the appellant by disregarding the wishes of the family - There was, therefore, substantial material toestablish, that the deceased had not been persuaded orcompelled to marry the appellant before her death -Therefore, offence uls.366 was also not made out - Theinducing of the minor to constitute an offence u/s. 366A, shouldhave· been with reference to an intent to force or seduce her" .. to illicit intercourse with another person ... " - There was nomention of any other person in the sequence of a/legationslevelled against the appellant - In view of the matter, thecharge uls.366A was also not sustainable against theappellant -As regards the a/legation of rape, a mere act ofsexual intercourse would have established rape at the handsof the appellant against the deceased on account of the fact,that she was a minor on the date of incident- There was noevidence to conclude that sexual intercourse was committedon the deceased - Thus, the charge of s.376 also did notsurvive against the appellant - Conviction of appellant isliable to be set aside. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2015 INSC 909 |
Petitioner | Sat Parkash |
Respondent | State Of Haryana And Another |
SCR | [2015] 13 S.C.R. 1254 |
Judgement Date | 2015-12-09 |
Case Number | 1163 |
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