Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860- ss. 363 366 376 Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 ~ ss. 363, 366, 376 — Kidnapping of a girl below 16 years, inducing her to marriage and commission of rape — Conviction of accused u/ss. 363, 366, 376 and sentenced accordingly — High Court upheld the conviction however, reduced sentence of rigorous imprisonment of seven years for offence punishable u/s. 376 to rigorous imprisonment for four and a half years ~ Plea for reduction of sentence — Case of accused that every act between the parties was consensual — On appeal, held: On facts, clause sixthly of s. 375 attracted making her consent for sexual intercourse as immaterial — Minor is incapable of thinking rationally and giving any consent — Consent of a minor is not treated as valid consent — Duty is cast on the other person in not taking advantage of the so-called consent given by a girl below 16 years ~ Other partner in the sexual act is treated as criminal who has committed the offence of rape — So- Called consent of the prosecutrix below 16 years of age cannot be treated as mitigating circumstance — If the consent of minor is treated as mitigating circumstance, it would lead to disastrous consequences — Thus, accused not entitled to further reduction of sentence. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2015 INSC 193 |
Petitioner | Satish Kumar Jayanti Lal Dabgar |
Respondent | State Of Gujarat |
SCR | [2015] 2 S.C.R. 751 |
Judgement Date | 2015-03-10 |
Case Number | 230 |
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