The Supreme Court upheld the conviction of an accused for kidnapping and sexually assaulting a 15-year-old girl, affirming the Himachal Pradesh High Court’s decision that had overturned a trial court acquittal.
A Bench of Justices Manoj Misra and Vipul M. Pancholi dismissed the appeal filed by the accused, thereby maintaining his conviction under Sections 363, 366, 376, and 377 of the Indian Penal Code and the sentence of seven years’ imprisonment with a fine of ₹20,000.
The prosecution established that the minor was taken away and subjected to sexual assault at different locations. While the trial court had acquitted the accused, the High Court reappraised the evidence and found the victim’s testimony credible and consistent, supported by medical evidence indicating sexual intercourse.
The Court noted that the victim, being 15 years old at the time of the incident, was a minor and her consent was immaterial in law. It held that the High Court’s findings were based on a correct appreciation of evidence and that the trial court had erred in granting undue benefit of doubt.
Accordingly, the Supreme Court dismissed the appeal, confirming the conviction and sentence imposed by the High Court.
