Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: s. 376 - Rape - Consent - Consensual sexual relationship PENAL CODE |
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: s. 376 - Rape - Consent - Consensual sexual relationship - Allegation against appellant that he entered into marital relations with the prosecutrix without disclosing to her the fact of his being already married - Defence case that the prosecutrix was well aware that the appellant was married and, still persuaded appellant for registration of marriage - Trial court convicted u/s. 376 - High Court though noted that friendship between the couple strengthened into close acquaintance and eventually leading them to elope, still convicted the appellant and treated prosecutrix as victim - On appeal, held: Testimony of the Sub- registrar and the Deed writer who prepared the agreement of marriage independently indicated that the prosecutrix was made aware by knowledgeable and independent persons that no legally efficacious marriage had occurred - The Court is duty bound when assessing the presence or absence of consent, to satisfy itself that both parties are ad idem on essential features - It is not possible to convict a person who did not hold out any promise or make any misstatement of facts or law or who did not present a false scenario which had the consequence of inducing the other party into the commission of an act - In the instant case, the couple was infatuated with each other and wanted to live together in a relationship as close to matrimony as the circumstances would permit - Prosecutrix was aware that the appellant was already married but, possibly because a polygamous relationship was not anathema to her religion, she was willing to start a home with the appellant - In these premises, it cannot be concluded that the appellant was culpable for the offence of rape - Prosecutrix was a graduate and even otherwise was not a gullible women of feeble intellect as was evident from her conduct in completing her examination successfully even on day of elopement - She was aware that a legal marriage could not be performed and, therefore, was content for the time with the registration of marriage - The conviction of the appellant is set aside. WITNESS: Hostile witness - Evidence of - Held: A witness should be regarded as adverse and liable to be cross-examined by the party calling him only when the court is satisfied that the witness bore hostile animus against the party for whom he is deposing or that he does not appear to be willing to tell the truth - In order to ascertain the intention of the witness or his conduct, the judge concerned may look into the statements made by the witness before the Investigating Officer or the previous authorities to find out as to whether or not there is any indication of the witness making a statement inconsistent on a most material point with the one which he gave before the previous authorities - The court must, however, distinguish between a statement made by the witness by way of an unfriendly act and one which lets out the truth without any hostile intention. |
Judge | Hon'ble Mr. Justice Vikramajit Sen |
Neutral Citation | 2014 INSC 249 |
Petitioner | Vinod Kumar |
Respondent | State Of Kerala |
SCR | [2014] 4 S.C.R. 752 |
Judgement Date | 2014-04-04 |
Case Number | 821 |
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