#013 RAPE CASE WHERE THE DEFENCE OF CONSENT FAILED

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1279 OF 2001
Nehru @ Jawahar .........Appellant
Versus
State of Chhatisgarh ........
Respondent
Date of Judgement: 13th June 2008.
JUDGMENT
Dr. ARIJIT PASAYAT, J

You can see the full judgement by starting a case numberwise query as "Appeal (cr), No. 1279, and year 2001. URL: Click.

BLOGGER'S BRIEF REVIEW
This is a simple case of conviction for rape u/s 376 of I.P.C. The trial court awarded seven years R.I. The High Court reduced to five years R.I. The accused pushed it to Supreme Court. The defence of the accused: The raped girl (14 years) gave consent.

The Apex Court observed the following reply given by the victim during her cross-examination. :

"13. Having taken me inside the school accused
unloaded the wood stack I was carrying on my head and
told me to go inside the room but I didn't go into the
room. Thereupon accused caught hold me- when I
shouted accused gagged me and thereafter he took me
inside the room and made me to lie thereafter he lifted
my petticoat. When I hit him with the leg he caught hold
my leg. I had beaten him with the hand also thereupon
accused caught hold my hand, when accused released
my mouth, I tried to yet, he again gagged me.

14. The flooring of the room of the school is of stone
where accused had made me lie on the ground. I tried to
release myself from the grip of the accused with the
result my body waist had scratched."

The Supreme Court rightly observed:

8. Above being the position the plea of consent is without
substance.
9. The appeal lacks merit, deserves dismissal, which we
direct.

The accused has wasted seven years (2001 to 2008) in the Supreme Court.