KAILASH @ TANTI BANJARA versus STATE OF MADHYA PRADESH

KAILASH @ TANTI BANJARA versus STATE OF MADHYA PRADESH

Once it is established the victim was in the age group of 13-14 years, her consent is of no consequence and conviction under Section 376 IPC stands justified.

Parties
Appellant: Kailash @ Tanti Banjara; Respondent: State of Madhya Pradesh
Jurisdiction
India
Judgment Date
10 April 2013
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Rape, Determination of Age of Victim, Consent in Rape Cases
Criminal Law Rape Determination of Age of Victim Consent in Rape Cases

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Parties

Kailash @ Tanti Banjara

Appellant

State of Madhya Pradesh

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeal From High Court

Legal Issues

  1. 1 Whether conviction under Section 376 IPC is justified when victim's consent is immaterial due to age
  2. 2 Correct determination of victim's age for purposes of consent under IPC

Ratio Decidendi

Once it is established the victim was in the age group of 13-14 years, her consent is of no consequence and conviction under Section 376 IPC stands justified.

Court Disposition

Appeal dismissed

Orders

  • Conviction and sentence under Section 376 IPC for rigorous imprisonment of seven years and Rs. 500/- fine (with one month rigorous imprisonment in default) are upheld.