Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | oral Dying Declaration Section 302/376/454 consensual sexual intercourse offence of rape |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - ss. 302/376/454 - Prosecution under - Of respondent-accused along with co-accused - For the commission of offence of rape and thereafter causing death of prosecutrix setting her ablaze by pouring kerosene - Incident seen by brother of prosecutrix (minor witness-PW5) - In oral Dying Declaration prosecutrix named the respondent-accused having committed the acts - Trial Court convicted the respondent-accused while acquitting the co-accused - High Court acquitted the accused u/s.376 and altered the conviction u/s.302 to 304(Part II) holding that it was a consensual sexual intercourse and the accused set the prosecutrix ablaze in the spur of moment - On appeal, held: In view of the evidence and the circumstances of the case, it cannot be called a case of consensual sexual intercourse - The respondent-accused had the intention to eliminate the prosecutrix by setting her ablaze, so that the commission of offence of rape did not see the light of the day - No circumstances were brought on record to indicate that it was case of any exception to take it out from the realm of s.300 !PC - The act amounts to murder - Therefore, the respondent-accused is liable to be convicted u/s.302 and u/s. 376 - Order of trial court is restored. |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2016 INSC 38 |
Petitioner | State Of Assam |
Respondent | Ramen Dowarah |
SCR | [2016] 1 S.C.R. 179 |
Judgement Date | 2016-01-11 |
Case Number | 668 |
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