JARNAIL SINGH versus STATE OF HARYANA

JARNAIL SINGH versus STATE OF HARYANA

The Supreme Court upheld the convictions because the prosecutrix's statements under Section 164 CrPC and at trial that she was forcibly taken and raped by the appellant and three accomplices were corroborated by independent medical examination (ruptured hymen, vagina admitting fingers), FSL and serologist reports detecting semen and human blood stains, and by recovery evidence and the father's testimony; applying Rule 12(3) JJ Rules the school record (Exhibit P.G.) established her date of birth and minority, making any alleged consent immaterial, therefore the convictions under Sections 366, 376(g) and 120-B IPC and the sentences imposed were upheld.

Parties
Appellant: Jarnail Singh; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
01 July 2013
Procedural Posture
Criminal Appeal / Appeal to Supreme Court Final Judgment
Outcome
Appeal dismissed
Legal Topics
Rape, Kidnapping/abduction, Age Determination, Medico Legal Evidence, Application of Juvenile Justice Rules
Criminal Law Juvenile Justice Evidence and Forensic Science Rape Kidnapping/abduction Age Determination Medico Legal Evidence Application of Juvenile Justice Rules

Case Brief

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Parties

Jarnail Singh

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Appeal to Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the prosecutrix was forcibly taken and raped by the appellant and his accomplices
  2. 2 Whether the sexual intercourse was consensual or non-consensual
  3. 3 Whether the prosecutrix was a minor on the date of occurrence and the correct method to determine her age

Ratio Decidendi

The Supreme Court upheld the convictions because the prosecutrix's statements under Section 164 CrPC and at trial that she was forcibly taken and raped by the appellant and three accomplices were corroborated by independent medical examination (ruptured hymen, vagina admitting fingers), FSL and serologist reports detecting semen and human blood stains, and by recovery evidence and the father's testimony; applying Rule 12(3) JJ Rules the school record (Exhibit P.G.) established her date of birth and minority, making any alleged consent immaterial, therefore the convictions under Sections 366, 376(g) and 120-B IPC and the sentences imposed were upheld.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed and the judgments of conviction and sentence of the trial court and High Court affirmed
  • Conviction under Sections 366, 376(g) and 120-B of the Indian Penal Code upheld