AIROnline 2025 SC 972

Supreme Court Of India

(From : Himachal Pradesh)

Hon'ble Judge(s): Manoj Misra, Vipul M. Pancholi , JJ

Penal Code (45 of 1860) , S.363, S.366, S.376, S.377— Evidence Act (1 of 1872) , S.118— Kidnapping and rape - Testimony of prosecutrix - Prosecutrix, aged about 15 yrs, had specifically stated in her deposition about commission of rape and unnatural sex by accused - Prosecutrix stated that when she reached her friend's house, accused took her in a bus to the house of his cousin i.e. co-accused, where offence was committed - Testimony of prosecutrix was trustworthy - Medical evidence did not rule out possibility of rape upon prosecutrix - Even assuming prosecutrix to be consenting party, her consent was immaterial since she was a minor - Conviction was proper Criminal Appeal Number 139 of 2008, Dt:08-04-2015, (HP)-Affirmed (Para 11 14 15 16) .....