Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | criminal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860:ss.376, 323 and 341 – Prosecution under – Alleging that theaccused raped the prosecutrix at the point of knife 4 years agowhen she was 14 years old and had continued to establish physicalrelations with her under pretext of marriage – Conviction under –By courts below – Appeal to Supreme Court – Held: There is widevariation in the evidence with regard to the age of prosecutrix –Trial court had found the prosecutrix to be 14 years of age on thedate of incident on the basis of her deposition – In the absence ofpositive evidence as regards her age, the possibility of her beingabove the age of 18 years cannot be ruled out – The benefit ofdoubt goes to the accused – The examination of the accused u/s.313 Cr.P.C. was casual and perfunctory – The delay of 4 years inlodging FIR raises serious doubt about the truth and veracity ofthe allegations – In the facts of the case it cannot be held that theaccused initially obtained her consent by putting her under fear orsubsequently had fraudulently misrepresented in order to establishphysical relations with the prosecutrix – The consent of theprosecutrix was conscious and deliberate choice – Conviction isunsustainable.s.90 – Consent given under fear of injury is not a consent –Consent given under a misconception of fact is no consent in theeye of law – But the misconception has to be in proximity of time tothe occurrence.Code of Criminal Procedure, 1973:Importance of the questions put to an accused u/s. 313 arebasic to the principles of natural justice – Circumstances not put toan accused u/s.313 cannot be used against him. |
Judge | Hon'ble Mr. Justice Navin Sinha |
Neutral Citation | 2020 INSC 564 |
Petitioner | Maheshwar Tigga |
Respondent | The State Of Jharkhand |
SCR | [2020] 9 S.C.R. 482 |
Judgement Date | 2020-09-28 |
Case Number | 635 |
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