OM PRAKASH versus STATE OF HARYANA

OM PRAKASH versus STATE OF HARYANA

The appeals were dismissed because the prosecutrix's testimony was found to be natural and reliable and the delay in lodging FIR was satisfactorily explained; medical and school records established that the victim was under 16, making consent immaterial; evidence established that accused Chhoti intentionally aided the commission of rape by luring the victim to her house and facilitating confinement by the other accused, satisfying Sections 107 and 109 IPC, and therefore convictions and sentences were affirmed.

Parties
Appellant/accused: Om Prakash; Appellant/accused: Kartar Singh; Appellant/accused: Chhoti; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
14 October 2014
Procedural Posture
Criminal Appeal / Final Judgment on Appeal
Outcome
Appeals dismissed
Legal Topics
Rape, Abetment, Delay in Lodging FIR, Age Determination, Sentence
Criminal Law Evidence Rape Abetment Delay in Lodging FIR Age Determination Sentence

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Parties

Om Prakash

Appellant/accused

Kartar Singh

Appellant/accused

Chhoti

Appellant/accused

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Final Judgment on Appeal

Legal Issues

  1. 1 Whether delay in lodging FIR was justified
  2. 2 Whether prosecutrix's testimony was credible and reliable
  3. 3 Whether accused Chhoti could be convicted for abetment under Section 109 IPC

Ratio Decidendi

The appeals were dismissed because the prosecutrix's testimony was found to be natural and reliable and the delay in lodging FIR was satisfactorily explained; medical and school records established that the victim was under 16, making consent immaterial; evidence established that accused Chhoti intentionally aided the commission of rape by luring the victim to her house and facilitating confinement by the other accused, satisfying Sections 107 and 109 IPC, and therefore convictions and sentences were affirmed.

Court Disposition

Appeals dismissed

Orders

  • All three appeals are dismissed
  • Accused Om Prakash, Kartar Singh and Chhoti shall be taken into custody forthwith to serve out the remaining of their sentence