LILLU @ RAJESH & ANR. versus STATE OF HARYANA

LILLU @ RAJESH & ANR. versus STATE OF HARYANA

The victim was conclusively found to be a minor (13 years 9 months) and no evidence to contradict this was presented. Consent is immaterial in rape of a minor. The 'two finger test' violates the rights of the survivor to dignity, privacy, and physical and mental integrity and should not be relied upon for presumption of consent.

Parties
Appellant: Lillu @ Rajesh; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
11 April 2013
Procedural Posture
Criminal Appeal / Supreme Court Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Rape, Kidnapping, Forensic Examination, Privacy, Consent, Minor's Age, Two Finger Test
Criminal Law Rape Kidnapping Forensic Examination Privacy Consent Minor's Age Two Finger Test

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Parties

Lillu @ Rajesh

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appellate Judgment

Legal Issues

  1. 1 Whether the victim was a minor at the time of offence
  2. 2 Whether the two finger test is valid for determining rape and consent
  3. 3 Entitlement of rape victims to legal and medical recourse preserving dignity and integrity

Ratio Decidendi

The victim was conclusively found to be a minor (13 years 9 months) and no evidence to contradict this was presented. Consent is immaterial in rape of a minor. The 'two finger test' violates the rights of the survivor to dignity, privacy, and physical and mental integrity and should not be relied upon for presumption of consent.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; conviction and sentence stand affirmed.