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Supreme Court

Conviction Under Section 366-A of the Indian Penal Code, 1860 (IPC) Set Aside Due to Lack of Evidence of Inducement or Sexual Intent.

by Admin

Summary of Judgement

Supreme Court Acquitted the Appellant as the Prosecution Failed to Prove the Victim’s Minority and the Ingredients of Section 366-A IPC Beyond Reasonable Doubt.

Supreme Court Held:
The prosecution failed to prove the victim’s minority beyond reasonable doubt. – (Para 12, 13) No evidence of inducement or intent for illicit intercourse was established. – (Para 3, 7) The medical evidence was inconclusive, and prosecution witnesses lacked credibility. – (Para 13) Conviction was set aside, and the appellant was acquitted. – (Para 14)

Major Acts Discussed:

Indian Penal Code, 1860 (IPC) – Section 366-A (Procuration of a Minor Girl)

Code of Criminal Procedure, 1973 (CrPC) – Sections 161, 162, and 164 (Statements and Confessions)

Subjects:

Conviction Quashed – Lack of Inducement – No Sexual Intent – Age Not Proved – No Abduction – Prosecution Failed – Witness Credibility – Medical Report Unreliable – Acquittal

Issues:

a. Whether the victim was a minor at the time of the alleged offence? – (Para 12, 13)
b. Whether the prosecution proved inducement for illicit intercourse? – (Para 3, 7)
c. Whether the evidence on record was sufficient to convict the appellant under Section 366-A IPC? – (Para 9, 11)

Submissions/Arguments:

Appellant:
a. The prosecution failed to establish that the victim was a minor. – (Para 12)
b. No inducement or sexual intent was proved. – (Para 3, 9)
c. The victim’s testimony contained inconsistencies and lacked credibility. – (Para 11)

Respondent (State):
a. The victim was a minor, making consent immaterial. – (Para 12)
b. The accused took the victim from lawful custody, fulfilling the offence under Section 366-A IPC. – (Para 6)
c. The conviction was based on valid evidence presented before the lower courts. – (Para 2, 8)

Ratio Decidendi:

The essential ingredients of Section 366-A IPC were not satisfied as the prosecution failed to establish inducement, force, or intent to push the victim into illicit intercourse. The failure to conclusively prove the victim’s minority further weakened the case. – (Para 12, 13, 14)