STATE OF KARNATAKA versus BANTARA SUDHAKARA @ SUDHA & ANR.

STATE OF KARNATAKA versus BANTARA SUDHAKARA @ SUDHA & ANR.

If the prosecutrix was below 16 years of age, the question of consent is immaterial and irrelevant; accused did not plead consent and the evidence shows the victims were under 16 years, thus conviction under Penal Code s.376 is justified.

Parties
Appellant: State of Karnataka; Respondent: Bantara Sudhakara @ Sudha; Respondent: Another Respondent
Jurisdiction
India
Judgment Date
18 July 2008
Procedural Posture
Criminal Appeal / Supreme Court Appeal From Acquittal by High Court
Outcome
Appeal allowed; High Court judgment set aside; trial court conviction restored.
Legal Topics
Rape, Consent, Age Determination, Penal Code S.376
Criminal Law Rape Consent Age Determination Penal Code S.376

Case Brief

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Parties

State of Karnataka

Appellant

Bantara Sudhakara @ Sudha

Respondent

Another Respondent

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From Acquittal by High Court

Legal Issues

  1. 1 Whether the victims were below 16 years of age at the time of alleged rape
  2. 2 Whether consent was a valid defence based on facts and pleadings

Ratio Decidendi

If the prosecutrix was below 16 years of age, the question of consent is immaterial and irrelevant; accused did not plead consent and the evidence shows the victims were under 16 years, thus conviction under Penal Code s.376 is justified.

Court Disposition

Appeal allowed; High Court judgment set aside; trial court conviction restored.

Orders

  • Respondents shall surrender to custody to suffer remainder of sentence, if any.
  • Judgment of trial court restored.