STA TE OF CHHATTISGARH versus LEKHRAM

STA TE OF CHHATTISGARH versus LEKHRAM

School register entry, corroborated by parental and teacher testimony, is admissible and has evidentiary value for proof of age. High Court erred reversing trial court's conviction solely on lack of conclusiveness of register entry. However, prosecutrix was a consenting party, and in view of facts, sentence should be period already undergone.

Parties
Appellant: State of Chhattisgarh; Respondent: Lekhram
Jurisdiction
India
Judgment Date
05 April 2006
Procedural Posture
Criminal Appeal / Appeal From High Court Decision, Supreme Court Judgment
Outcome
Appeal allowed; judgment of High Court set aside; trial court conviction restored with modification
Legal Topics
Abduction, Rape, Proof of Age, Admissibility of School Register
Criminal Law Evidence Law Abduction Rape Proof of Age Admissibility of School Register

Case Brief

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Parties

State of Chhattisgarh

Appellant

Lekhram

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Decision, Supreme Court Judgment

Legal Issues

  1. 1 Whether the prosecutrix was a minor on the date of occurrence
  2. 2 Admissibility and evidentiary value of school register to prove age
  3. 3 Whether prosecutrix was enticed away and if rape conviction stands

Ratio Decidendi

School register entry, corroborated by parental and teacher testimony, is admissible and has evidentiary value for proof of age. High Court erred reversing trial court's conviction solely on lack of conclusiveness of register entry. However, prosecutrix was a consenting party, and in view of facts, sentence should be period already undergone.

Court Disposition

Appeal allowed; judgment of High Court set aside; trial court conviction restored with modification

Orders

  • Respondent to be sentenced to period already undergone