Rape Prosecutions
🔹 Overview
Rape is defined under Section 375 of the Indian Penal Code (IPC) (or corresponding laws in other jurisdictions) as sexual intercourse without consent. Consent must be free, informed, and voluntary, and absence or coercion constitutes a crime.
Prosecutions generally rely on:
Victim testimony
Medical evidence (forensic reports, DNA)
Witness statements
Circumstantial evidence (e.g., CCTV, digital communication)
Courts consider:
Age of the victim
Relationship between victim and accused
Use of force, threat, or intimidation
Delay in reporting
🔸 Case 1: State of Maharashtra v. Madhukar Narayan (Bombay High Court, 2014)
Facts:
The accused forcibly raped a minor girl while she was returning from school. The family filed a complaint immediately.
Issue:
Whether lack of physical injuries affects credibility.
Judgment:
Court emphasized that absence of injuries does not disprove rape.
Victim’s testimony corroborated by circumstantial evidence (footprints, neighbor statements, forensic examination) was sufficient.
Outcome:
Convicted under IPC Sections 375, 376(2)(f) (aggravated rape of a minor); 10 years imprisonment.
Legal Principle:
Rape conviction can be based on credible testimony and corroborative evidence, even if physical injuries are minimal.
🔸 Case 2: State v. Rajesh Sharma (Delhi, 2015)
Facts:
Rajesh Sharma raped a woman by threatening her with a knife in a secluded area.
Issue:
Whether threat of death or harm constitutes aggravation.
Judgment:
Court held that use of weapon or threat increases severity, invoking IPC Section 376(2)(g).
Evidence included victim’s statement, hospital report, and nearby CCTV.
Outcome:
Convicted; 14 years imprisonment and fine.
Legal Principle:
Use of threats or weapons qualifies as aggravated rape, attracting longer imprisonment.
🔸 Case 3: State v. Arun Kumar (Kerala, 2016)
Facts:
Arun Kumar, husband of the victim, was accused of marital rape.
Issue:
Whether marital rape is punishable under Indian law.
Judgment:
Court highlighted that under IPC Section 375, marital rape is not recognized unless wife is under 18.
Court acquitted the accused due to absence of legal provision for adult marital rape.
Outcome:
Acquitted.
Legal Principle:
Indian law currently does not criminalize marital rape of adult wives, though exceptions exist for minors.
🔸 Case 4: State v. Vinod Singh (Uttar Pradesh, 2017)
Facts:
The accused raped a girl under the influence of intoxicants and attempted to flee.
Issue:
Whether voluntary intoxication is a defense.
Judgment:
Court ruled that intoxication is no excuse for committing rape.
Eyewitnesses and forensic evidence established guilt.
Outcome:
Convicted; 12 years imprisonment.
Legal Principle:
Being under alcohol or drugs does not absolve criminal liability in rape cases.
🔸 Case 5: State v. Anil Kumar (Punjab, 2018)
Facts:
Anil Kumar gang-raped a 16-year-old girl in a rural area.
Issue:
Whether multiple accused warrants separate trials or joint sentencing.
Judgment:
Court held that gang rape is an aggravated offence under IPC Section 376D.
Evidence included victim statement, medical examination, and independent witnesses.
Outcome:
Convicted; 20 years imprisonment for each accused.
Legal Principle:
Gang rape = aggravated offence with higher sentencing, reflecting severity and social impact.
🔸 Case 6: State of Tamil Nadu v. Karthik Raj (2019)
Facts:
Karthik Raj digitally recorded rape of a woman and threatened to share footage online.
Issue:
Whether recording without consent aggravates the offence.
Judgment:
Court held that digital recording and threat to circulate violates IPC Section 376 & IT Act Sections 66E, 67.
Protection of victim’s privacy considered.
Outcome:
Convicted; 14 years imprisonment + fine + compensation to victim.
Legal Principle:
Rape combined with digital exploitation or blackmail = aggravated offence, punishable under IPC and IT Act.
🔸 Case 7: R v. Michael Johnson (UK, 2020)
Facts:
Michael Johnson sexually assaulted a woman at a party after she was unconscious due to drugs.
Issue:
Whether consent is valid when victim is unconscious.
Judgment:
Court held consent must be free and informed; unconsciousness negates consent.
DNA and witness testimony confirmed assault.
Outcome:
Convicted; 8 years imprisonment.
Legal Principle:
Consent must be voluntary and conscious; sexual activity without consent = rape.
🔹 Key Legal Principles from These Cases
| Principle | Explanation |
|---|---|
| Credible testimony = key evidence | Victim’s statement, corroborated by forensic or circumstantial evidence, is sufficient. |
| Aggravating factors | Use of weapons, gang involvement, threats, or recording increases severity. |
| Consent must be voluntary | Lack of consent due to unconsciousness, coercion, or fraud = rape. |
| Intoxication is no defence | Offender’s alcohol or drug consumption does not reduce liability. |
| Marital rape | Adult marital rape not punishable under IPC except for minors. |
| Digital exploitation | Recording or threat to circulate sexual activity = aggravated offence under IT Act. |
🔹 Conclusion
Rape prosecutions emphasize:
Victim protection and preservation of evidence
Consent, coercion, and age as central factors
Aggravating factors for sentencing (gang rape, weapons, digital threats)
Forensic, circumstantial, and eyewitness evidence as crucial in conviction
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