State Of U.P vs Manoj Kumar Pandey
- SCC(2009) 1 SCC 72
- Neutral2008 INSC 1257
- SCR[2008] 15 SCR 903
Ratio decidendi
The rule this decision rests on
The age of a victim above 16 years alone cannot be a ground to presume consent to sexual intercourse; actual evidence of consent must be adduced by the accused. In rape cases, the normal procedural rule requiring the prosecution to explain delay in lodging an FIR and to demonstrate that prejudice has or has not resulted from such delay does not apply with the same force as in other criminal cases. An appellate judgment disposing of an appeal in a cryptic manner without addressing the substantive issues and without providing reasoned findings on the key factual and legal points raised is improper and liable to be set aside, requiring remittal for fresh consideration with detailed reasons.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
State of U.P. ...Appellant
Versus
Manoj Kumar Pandey ...Respondent
JUDGMENT
Dr. ARIJIT PASAYAT, J.
1. Challenge in this appeal is to the order of a Division Bench of the
Allahabad High Court dismissing the appeal filed by the State. Challenge in
the appeal was to the judgment of the learned Special Additional Sessions
Judge, Fatehpur in Sessions Trial No. 566 of 1996. The respondent faced
trial for alleged commission of offences punishable under Sections 376 and
323 of the Indian Penal Code, 1860 (in short the `IPC'). The High Court
dismissed the appeal in very cryptic manner holding that there was
possibility of the prosecutrix being a consenting party as she was above 16
years of age.
1
2. Learned counsel for the appellant-State submitted that the manner of
disposal of the Government appeal needs much to be desired. Trial court
did not even record any finding that the prosecutrix was a consenting party
to the sexual intercourse. It went on some hypothetical questions regarding
alleged delay in lodging FIR. The trial court concluded that since the girl
was more than 16 years of age consent had to be presumed. The High Court
concurred with the view and disposed of the appeal which is as follows:
"Heard learned A.G.A. and perused the judgment of the trial court. The age of the girl was found to be above 16 years and further finding is that from the circumstances appearing in the case the possibility of the prosecutrix being a consenting party was not ruled out. The reasons in support of order of acquittal are plausible and cogent. No sufficient ground is made out for interference in the order of acquittal.
Leave to appeal is refused."
3. The approach of the trial court and the High Court is clearly
unsustainable. Merely because the victim was more than 16 years of age as
held by the trial court that cannot be a ground to hold that she was
consenting party. No evidence was led to show such consent. Apart from
that normal rule regarding the duty of the prosecution to explain the delay in
lodging FIR and the lack of prejudice and/or prejudice caused because of
2 such delayed lodging of FIR does not per se apply to cases of rape. This has
been the consistent view of this court. The High Court was, therefore,
clearly wrong in disposing of the appeal in such cryptic manner. In the
circumstances of the case, we set aside the order of the High Court and
remit the matter to it for fresh hearing so that it can consider the matter and
hear in detail and dispose of the same by a reasoned judgment. Whatever
has been expressed by us supra is only for the purpose of coming to the
conclusion that the manner of disposal of the appeal is not proper.
4. The appeal is allowed to the aforesaid extent.
..........................................J. (Dr. ARIJIT PASAYAT)
..........................................J. (C.K. THAKKER)
..........................................J. (D.K. JAIN)
New Delhi:
November 7, 2008
3
This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.
Research this judgment with Miss Lucy
Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.
Try Miss Lucy free