STATE OF RAJASTHAN versus RAM NARAIN AND ORS.

STATE OF RAJASTHAN versus RAM NARAIN AND ORS.

Victim was a minor; consent is immaterial for rape. Evidence established commission of offences and reliability of the victim's testimony. High Court erred in reducing sentence; sentence increased to reflect seriousness.

Parties
Appellant: State of Rajasthan; Respondent: Ram Narain; Respondent: Bajrang Lal; Respondent: Manja Ram
Jurisdiction
India
Judgment Date
23 January 1996
Procedural Posture
Criminal Appeal / Appeal From Rajasthan High Court Judgment Dated 18.12.91
Outcome
Appeal allowed; High Court judgment set aside
Legal Topics
Rape, Wrongful Confinement, Kidnapping, Abduction, Sentencing
Criminal Law Rape Wrongful Confinement Kidnapping Abduction Sentencing

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Parties

State of Rajasthan

Appellant

Ram Narain

Respondent

Bajrang Lal

Respondent

Manja Ram

Respondent

Procedural Posture

Criminal Appeal / Appeal From Rajasthan High Court Judgment Dated 18.12.91

Legal Issues

  1. 1 Whether the reduction of sentence by the High Court was justified
  2. 2 Whether minor's consent is relevant in rape cases
  3. 3 Proof of wrongful confinement, abduction, and rape

Ratio Decidendi

Victim was a minor; consent is immaterial for rape. Evidence established commission of offences and reliability of the victim's testimony. High Court erred in reducing sentence; sentence increased to reflect seriousness.

Court Disposition

Appeal allowed; High Court judgment set aside

Orders

  • First accused convicted under Section 376 IPC and sentenced to five years' rigorous imprisonment and fined Rs. 2,000 to be paid to the victim; in default, additional three months' imprisonment
  • All three accused convicted under Section 366 IPC and sentenced to five years' rigorous imprisonment and under Section 342 IPC sentenced to one year's imprisonment; sentences to run concurrently