VidhiSangh

Supreme Court of India · 27/02/2025

RAJU @ NIRPENDRA SINGH versus THE STATE OF MADHYA PRADESH

[2025] 2 S.C.R. 1821 · 2025 INSC 392

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Summary

Concurrent convictions of the accused for kidnapping and gang rape of a girl under seventeen who was held captive and repeatedly raped over two months were upheld. The prosecutrix's minority made consent irrelevant and in any event submission under fear of her captors was not consent; the medical opinion that she was 'accustomed to sexual intercourse', the absence of injuries and the delay in the FIR did not help the defence; and no reduction of sentence below the statutory minimum was warranted.

Issues

  1. Whether the prosecutrix was a minor at the time of the offence and, if so, whether her consent is relevant.
  2. Whether her remaining with the accused for two months without raising an alarm, the medical opinion that she was accustomed to sexual intercourse and the absence of injuries established consensual intercourse.
  3. Whether the delay of about two months in lodging the FIR was fatal to the prosecution.
  4. Whether the sentence should be reduced to the period already undergone.

Provisions considered

Held

Result

Appeals dismissed; the High Court's judgment affirming the convictions and sentences under Sections 366 and 376(2)(g) IPC upheld. Appellants on bail directed to surrender before the trial court within eight weeks to serve the remaining sentence. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 1821.