Raju @ Nirpendra Singh vs The State of Madhya Pradesh

Held: Dental examination of prosecutrix and further evidence such as photocopies of school register, transfer certificate, statement of the Principal of school, proved that prosecutrix was aged less than seventeen years of age at the starting date of the continuing offence – Guardian of the prosecutrix, PW-13, had also stated the age of the prosecutrix to be less than 18 years of age in the missing person’s report as well as in her deposition before the Trial Court – Once the age of the prosecutrix at the time of the incident is established to be that of minority, the question of consent per se becomes irrelevant and the act shall qualify as statutory rape nevertheless – Subjection to sexual intercourse under fear of accused persons can in no way be understood to mean as consent on part of the prosecutrix – Further, the reliance of the appellants on the medical report which suggested that the prosecutrix was accustomed to sexual intercourse shall not further their contention of the sexual act to be consensual in nature – The expression as “being accustomed to sexual intercourse” is nothing but an archaic notion of sexual purity which intends to morally shame the victim and downplay the role of consent, or the lack thereof, in an offence of rape – Moreover, the lack of injuries on the body of the prosecutrix shall also not be an important factor in the facts of the case since the offence continued for a period of two months and the medical investigation was conducted much after the first incidence of rape was committed – The issue of delay shall also be inconsequential to the case since firstly, the normal rule of delay does not apply to rape cases and further, the prosecutrix was held captive by the appellants for a period of two months and had no means to register the FIR earlier – Further, the statement of the prosecutrix made in the chief-examination regarding sexual assaults committed by the accused persons remained totally unimpeached even after being subjected to a lengthy cross-examination – No mitigating circumstances in the instant case so as to reduce the punishment as lesser than the minimum statutory sentence prescribed in the IPC. [Paras 19-24]

Rape – Gang-rape – Once age of the victim at the time of the incident is established to be that of minority, the question of consent per se becomes irrelevant – Penal Code, 1860 – s.376(2)(g). [Para 20]

Rape – Gang-rape – Subjection to sexual intercourse under fear of accused persons is not consent on part of the victim – Penal Code, 1860 – s.376(2)(g). [Para 20]