STATE OF RAJASTHAN versus ROSHAN KHAN & ORS.

STATE OF RAJASTHAN versus ROSHAN KHAN & ORS.

Prosecution evidence, consisting of the testimony of prosecutrix and her father, corroborated by medical and forensic reports, established that all six accused committed gang rape without her consent. Section 114A requires a presumption of lack of consent upon prosecutrix's categorical testimony, which was not...

Source-derived case information.

Parties
Appellant: State of Rajasthan; Respondent: Roshan Khan & Ors.
Jurisdiction
India
Judgment Date
15 January 2014
Procedural Posture
Criminal Appeal / Appeal From High Court Acquittal; Supreme Court Final Judgment
Outcome
Appeals allowed; High Court acquittal set aside; trial court conviction and sentence restored.
Legal Topics
Gang Rape, Consent in Rape Cases, Delay in FIR, Evidence Corroboration
Criminal Law Gang Rape Consent in Rape Cases Delay in FIR Evidence Corroboration

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Parties

State of Rajasthan

Appellant

Roshan Khan & Ors.

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Acquittal; Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the prosecution established the offence of gang rape under Section 376(2)(g), IPC
  2. 2 Whether the prosecutrix's consent was disproved under the Evidence Act, 1872 s.114A
  3. 3 Whether delay in FIR filing undermined prosecution case

Ratio Decidendi

Prosecution evidence, consisting of the testimony of prosecutrix and her father, corroborated by medical and forensic reports, established that all six accused committed gang rape without her consent. Section 114A requires a presumption of lack of consent upon prosecutrix's categorical testimony, which was not rebutted. Explanation 1 to s.376(2)(g) deems participation of all accused as gang rape even if not all physically committed intercourse. Delay in FIR was credibly explained. High Court was not justified in acquitting the accused; its judgment is set aside and trial court conviction restored.

Court Disposition

Appeals allowed; High Court acquittal set aside; trial court conviction and sentence restored.

Orders

  • All respondents to be taken into custody forthwith to undergo remaining sentences.
  • Sentences imposed for offences under Sections 366 and 376(2)(g), IPC, maintained.