AMAN KUMAR AND ANR. versus STATE OF HARYANA

AMAN KUMAR AND ANR. versus STATE OF HARYANA

On facts, discrepancies exist between testimony in court and during investigation; medical evidence and prosecutrix testimony do not show penetration. No material to show accused were determined to have sexual intercourse. Thus, offence of rape or attempt to rape not established; facts only support conviction for assault intending to outrage the modesty of woman under Section 354 read with Section 34 IPC.

Parties
Appellant: Aman Kumar; Appellant: Shiv Dayal; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
10 February 2004
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence by High Court
Outcome
Appeal partly allowed
Legal Topics
Rape, Attempt to Commit Rape, Outrage of Modesty, Reliability of Testimony, Indecent Assault
Criminal Law Rape Attempt to Commit Rape Outrage of Modesty Reliability of Testimony Indecent Assault

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Parties

Aman Kumar

Appellant

Shiv Dayal

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence by High Court

Legal Issues

  1. 1 Whether conviction for rape can be sustained on sole testimony of prosecutrix
  2. 2 What constitutes rape under Section 376 IPC
  3. 3 What constitutes attempt to commit rape under Section 376/511 IPC

Ratio Decidendi

On facts, discrepancies exist between testimony in court and during investigation; medical evidence and prosecutrix testimony do not show penetration. No material to show accused were determined to have sexual intercourse. Thus, offence of rape or attempt to rape not established; facts only support conviction for assault intending to outrage the modesty of woman under Section 354 read with Section 34 IPC.

Court Disposition

Appeal partly allowed

Orders

  • Conviction under Section 376(2)(g) IPC set aside
  • Accused convicted under Section 354 read with Section 34 IPC