MAHESHWAR TIGGA versus THE STATE OF JHARKHAND

MAHESHWAR TIGGA versus THE STATE OF JHARKHAND

Conviction set aside because the prosecution failed to prove the age of the prosecutrix beyond reasonable doubt given wide variation in evidence, the four-year delay in lodging the FIR undermined credibility, the record did not show that consent was obtained by fear or fraudulent misrepresentation of intent to marry, and the Section 313 Cr.P.C. examination was casual; therefore the sexual relations were held to be consensual and convictions under Sections 376, 323 and 341 IPC were unsustainable.

Parties
Appellant/accused: Maheshwar Tigga; Respondent/state: The State of Jharkhand; Prosecutrix/informant: V. Anshumala Tigga
Jurisdiction
India
Judgment Date
28 September 2020
Procedural Posture
Criminal Appeal / Appeal to Supreme Court From High Court Judgment
Outcome
Appeal allowed; conviction and sentences set aside; appellant acquitted and directed to be set at liberty unless wanted in any other case.
Legal Topics
Rape, Consent, Misconception of Fact, Delay in FIR, Assessment of Age, Examination Under Section 313 Cr.p.c.
Criminal Law Sexual Offences Criminal Procedure Evidence Rape Consent Misconception of Fact Delay in FIR +2 more

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Parties

Maheshwar Tigga

Appellant/accused

The State of Jharkhand

Respondent/state

V. Anshumala Tigga

Prosecutrix/informant

Procedural Posture

Criminal Appeal / Appeal to Supreme Court From High Court Judgment

Legal Issues

  1. 1 Whether the prosecution proved the age of the prosecutrix beyond reasonable doubt
  2. 2 Whether consent was vitiated by fear or misconception of fact or by fraudulent promise of marriage
  3. 3 Whether delay of four years in lodging the FIR undermines the prosecution case

Ratio Decidendi

Conviction set aside because the prosecution failed to prove the age of the prosecutrix beyond reasonable doubt given wide variation in evidence, the four-year delay in lodging the FIR undermined credibility, the record did not show that consent was obtained by fear or fraudulent misrepresentation of intent to marry, and the Section 313 Cr.P.C. examination was casual; therefore the sexual relations were held to be consensual and convictions under Sections 376, 323 and 341 IPC were unsustainable.

Court Disposition

Appeal allowed; conviction and sentences set aside; appellant acquitted and directed to be set at liberty unless wanted in any other case.

Orders

  • Conviction under Sections 376, 323 and 341 of the Indian Penal Code set aside
  • Appellant Maheshwar Tigga acquitted of the charges