Court Emphasizes Invalid Consent Obtained Under Fear, Reinforces Victim's Sole Testimony for Conviction
In a significant judgment, the Chhattisgarh High Court has upheld the conviction of Mahaveer Chaik for multiple offences, including rape, under the Indian Penal Code (IPC). The judgment, delivered by Justice Narendra Kumar Vyas, underscores the importance of consent obtained without fear or misconception and the sufficiency of a victim's sole testimony in rape cases.
The appellant, Mahaveer Chaik, was convicted by the Sessions Judge, Jashpur, for offences under Sections 506, 323, 342, and 376 of the IPC, receiving a cumulative sentence of seven years rigorous imprisonment and a fine. The case stemmed from an incident dated March 14, 2003, where the victim alleged that she was threatened, assaulted, and forcibly taken to the accused's father's house, where she was raped thrice. The prosecution presented substantial evidence, including medical findings and an FSL report, corroborating the victim's testimony.
Justice Vyas emphasized that consent obtained under fear or misconception does not constitute valid consent under the IPC. The court cited several Supreme Court judgments, reinforcing the principle that submission under duress cannot be equated with consensual participation. The court further highlighted that the victim's testimony, supported by medical evidence and the presence of human sperm in the FSL report, was sufficient to establish the offence beyond reasonable doubt.
The defense argued that the victim was a consenting party and pointed to her alleged illicit relationship with the accused. However, the court dismissed these claims, noting the victim's injuries and the circumstances of the incident indicated non-consensual coercion. The court also acknowledged the societal and psychological impacts of rape, recognizing it as a violation of a woman's fundamental right to life and dignity under Article 21 of the Constitution.
Justice Vyas reiterated the sufficiency of the victim's sole testimony in inspiring confidence and supporting conviction in rape cases, unless compelling reasons necessitate corroboration. The court found no procedural irregularity in the trial, affirming compliance with Section 313 of the Criminal Procedure Code, 1973.
The judgment serves as a critical reminder of the legal standards surrounding consent and the evidentiary value of victim testimony in sexual assault cases. The appellant has been directed to surrender to the trial court within three months to serve the remainder of his sentence, with the court cancelling his bail bonds in accordance with Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Bottom Line:
Consent obtained under fear or misconception is not valid consent under IPC; sole testimony of a victim in a rape case can be sufficient for conviction if it inspires confidence.
Statutory provision(s): Indian Penal Code, 1860 Sections 375, 376, 90, 506, 323, 342; Criminal Procedure Code, 1973 Section 313; Constitution of India, 1950 Article 21; Bharatiya Nagarik Suraksha Sanhita, 2023 Section 480.
Mahaveer Chaik v. State of Chhattisgarh, (Chhattisgarh) : Law Finder Doc id # 2847663
