DEELIP SINGH @ DILIP KUMAR versus STATE OF BIHAR

DEELIP SINGH @ DILIP KUMAR versus STATE OF BIHAR

The conviction and sentence for rape are set aside as the victim was not a minor at the time of the alleged act and her consent was given after conscious consideration and genuine belief in the promise to marry, which was not proven to be false from inception. The accused is acquitted on benefit of doubt, but is prima facie liable for civil compensation under Article 142 for breach of promise to marry and causing pregnancy.

Parties
Appellant: Deelip Singh @ Dilip Kumar; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
03 November 2004
Procedural Posture
Criminal Appeal / Supreme Court Final Judgment
Outcome
Conviction and sentence set aside; acquittal on benefit of doubt; compensation ordered under Article 142.
Legal Topics
Rape, Consent, False Promise to Marry, Compensation Under Article 142, Burden of Proof
Criminal Law Constitutional Law Rape Consent False Promise to Marry Compensation Under Article 142 Burden of Proof

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Parties

Deelip Singh @ Dilip Kumar

Appellant

State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the accused committed rape of a minor under Section 375, clause sixth, IPC
  2. 2 Whether consent was vitiated by misconception of fact, coercion, or false promise to marry under Section 375, clause second, IPC
  3. 3 Whether the accused is liable for compensation under Article 142 of the Constitution

Ratio Decidendi

The conviction and sentence for rape are set aside as the victim was not a minor at the time of the alleged act and her consent was given after conscious consideration and genuine belief in the promise to marry, which was not proven to be false from inception. The accused is acquitted on benefit of doubt, but is prima facie liable for civil compensation under Article 142 for breach of promise to marry and causing pregnancy.

Court Disposition

Conviction and sentence set aside; acquittal on benefit of doubt; compensation ordered under Article 142.

Orders

  • Appellant acquitted of charges under Section 376 IPC.
  • Appellant to pay Rs.50,000 as compensation: Rs.10,000 to the prosecutrix in cash, Rs.40,000 in fixed deposit for minor child, with interest disbursed at intervals and final sum released upon majority.