Varun Kumar Alias Sonu VS State of Himachal Pradesh
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(Paras 11141516)
