PARHLAD AND ANR. versus STATE OF HARYANA

PARHLAD AND ANR. versus STATE OF HARYANA

Once the prosecutrix is found to be below 16 years of age, consent is irrelevant and the conviction stands. The documentary and oral evidence strongly established the age of the prosecutrix, and no perversity or flaw in appreciation of evidence was found. Reduction of sentence was not justified given the gravity and social relationship manipulation involved in the crime.

Parties
Appellant: Parhlad and another; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
03 August 2015
Procedural Posture
Criminal Appeal / Appeal Against High Court Conviction and Sentence
Outcome
Appeal dismissed; conviction and sentence affirmed.
Legal Topics
Rape, Consent, Crime Against Women, Sentence Reduction, Age Determination
Criminal Law Constitutional Law Human Rights Rape Consent Crime Against Women Sentence Reduction Age Determination

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Parties

Parhlad and another

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Conviction and Sentence

Legal Issues

  1. 1 Whether the prosecutrix was below 16 years of age at the time of the incident
  2. 2 Whether consent was a valid defence to the charge of rape
  3. 3 Whether reduction of sentence was justified

Ratio Decidendi

Once the prosecutrix is found to be below 16 years of age, consent is irrelevant and the conviction stands. The documentary and oral evidence strongly established the age of the prosecutrix, and no perversity or flaw in appreciation of evidence was found. Reduction of sentence was not justified given the gravity and social relationship manipulation involved in the crime.

Court Disposition

Appeal dismissed; conviction and sentence affirmed.

Orders

  • Ten years rigorous imprisonment under Section 376(2)(g) IPC for each appellant; sentences to run concurrently with other penalties.