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State of Rajasthan v. Roshan Khan & Others

Criminal Appeal · Neutral citation not assigned (Criminal Appeal Nos. 79-80 of 2005)Decided 15 Jan 2014
Criminal Appeal Nos. 79-80 of 2005
Justice A.K. Patnaik · Justice Gyan Sudha Misra

Background

Six men were convicted of abducting and gang-raping a teenage girl, with her account supported by her father's discovery of the assault and medical and forensic evidence. The High Court acquitted them after questioning consent, reporting delay and the evidence against individual participants. The State appealed that acquittal.

Decision Breakdown

The Supreme Court allowed the appeals and restored the trial court's convictions and sentences. The girl's evidence that the intercourse was forced attracted the statutory presumption against consent in the offence considered, and the defence had not rebutted it. Gang-rape liability did not require separate proof of completed intercourse by each participant where the group acted with the necessary common intention. The short reporting delay was adequately explained, and the High Court's contrary timing assumptions lacked evidence. The respondents were ordered into custody to serve their remaining sentences.

Lesson Learnt

A court must assess consent and group participation under the applicable statutory rules rather than dismiss a sexual-assault account through unsupported assumptions. A reasonably explained delay in reporting does not by itself discredit the complaint.

Official source (sci.gov.in)View Judgment (PDF)

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