The Supreme Court upheld the conviction of a rape accused rejecting his contention that the act was consensual.
In this case, the accused was convicted by the Trial Court under Section 376(1) of the Indian Penal Code and was awarded sentence of rigorous imprisonment for seven years and with fine in the sum of Rs.5000/-, in default whereof to undergo further rigorous imprisonment for a period of one year. His appeal was dismissed by the High Court.
In appeal, he contended that the depositions of the prosecutrix as well as the other eye-witnesses would show that the act in question was purely consensual.
The court perused the statement made by the prosecuterix. It noted that the prosecuterix had clearly stated that the accused had raped her and she could not raise alarm as her mouth was shut.
"The statement of the prosecutrix was fully supported by PW6, who stated that they had found the prosecutrix in unconscious state soon after the incident was committed. In the circumstances, there is nothing on record which can even remotely suggest that the act was consensual. In the face of clear statements of the prosecutrix and the other witnesses on record, the Courts below were justified in convicting the appellant of the offence in question.", the bench comprising Justices UU Lalit and Indira Banerjee said.
Though it refused to interfere with conviction and sentence, the bench modified the default sentence and reduce it from one year to three months.
Case: Lelu Alias Lain Kumar Vs State Of Chhattisgarh [ CrA 387 OF 2021]
Coram: Justices UU Lalit and Indira Banerjee
Counsel: Adv Talha Abdul Rahman (Amicus Curiae)
Citation: LL 2021 SC 201