BENCH:
KOSHAL, A.D.
ISSUE:
Meaning of without consent? Obtaining consent by putting fear of death or hurt
For criminal trial, the onus is on the prosecution to prove all the ingredients of an offence.
FACTS:
- Both Appellant No. 1 & 2, convicts of Rape from High Court are Police Constables.
- The High Court in its conviction found that they had raped a girl Mathura inside the Police station.
- However initially, the Trial Court had acquitted them stating that there was no evidence of rape being committed and that the girl went to them with her own consent.
- But the High Court reversed the acquittal of the Trial Court stating that the circumstantial evidence proves that it was a forcible sexual intercourse amounting to rape.
- Appeal by Special Leave from the judgement of High Court.
Appellant Contention
The Appellant contented that it was not an act of sexual intercourse, as there was no evidence available against them. The Trial Court also held that the sexual act was with the consent of the girl.
Respondent Contention
The court was of the view that no direct evidence being available about the nature of the consent of the girl to the alleged act of sexual intercourse is available. But no injury on her body and her changing statements in the Trial Court grew suspicion.
Final Decision
Supreme Court reversed the order of the High Court and the conviction recorded against it as well, as the sentences imposed upon the appellants by it were set aside. The appeal was allowed. Court in its judgement concluded that the sexual intercourse in question is not proved to amount to rape and that no offence is brought home to Ganpat appellant. As far as Tukaram is concerned, there was no direct evidence to prove whether he had committed the offence of rape or not. (Reference: Para 8)
