The Supreme Court acquitted the accused, holding that the prosecution failed to prove the victim was a minor under Sections 363/376 IPC. The school certificate (Ex.P11) lacked corroborative evidence under Section 35 of the Evidence Act, as the source of birth records was unverified. Additionally, charges of kidnapping (Section 363) and wrongful confinement (Section 342) were unsubstantiated, as the victim’s voluntary companionship and lack of coercion negated criminal intent. The Court emphasized that mere entries in official documents require independent proof to establish age conclusively, and absence of non-consensual sexual intercourse invalidated the rape charge (Section 376). Benefit of doubt was granted due to insufficient evidence.
Facts Of The Case:
The case involves Birka Shiva, who was convicted by the Trial Court under Sections 363 (kidnapping), 342 (wrongful confinement), and 376 (rape) of the IPC for allegedly taking a 15-year-old girl from her home in August 2012, confining her in Hyderabad, and engaging in sexual intercourse with her. The victim, a first-year college student, knew the accused as he was a frequent visitor to her house due to his friendship with her brother. According to the prosecution, the accused took her to Hyderabad, tied a turmeric thread around her neck (symbolizing marriage), and kept her in a locked room for nearly two months. The victim’s mother filed a missing complaint four days later, leading to an FIR. The victim returned after the accused was injured in an accident and narrated the incident. The Trial Court convicted Shiva, but the High Court reduced his sentence.Before the Supreme Court, the defense challenged the conviction, arguing that the prosecution failed to conclusively prove the victim’s age, as the school certificate (Ex.P11) lacked proper verification. Additionally, the victim’s statements indicated voluntary companionship, undermining kidnapping and rape charges. The Court found inconsistencies in the evidence, including delayed FIR filing, lack of medical proof of recent sexual assault, and no evidence of forceful confinement. Ultimately, the Supreme Court acquitted Shiva, citing insufficient proof of the victim’s minority and absence of criminal intent.
Procedural History:
The case began with the filing of FIR No. 85 of 2012 under Section 366A IPC at Godavarikhani Police Station after the victim’s mother reported her missing. The investigation led to charges under Sections 363, 342, and 376 IPC. The Trial Court (Special Sessions Judge, Karimnagar) convicted Birka Shiva in 2018 under these sections but acquitted him under Section 366A IPC. On appeal, the Telangana High Court (2018–2024) upheld the conviction but reduced the sentences—imprisonment under Section 376 IPC was reduced from 7 to 2 years, and under Section 363 IPC from 5 to 1 year. The Supreme Court, in 2025, granted leave to appeal and ultimately set aside the conviction, acquitting Shiva. The apex court held that the prosecution failed to prove the victim’s minority, kidnapping, and lack of consent in the alleged rape, citing insufficient corroborative evidence and inconsistencies in witness testimonies. The judgment underscored the necessity of reliable proof for age determination and the absence of coercion in consensual relationships.
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Court Observation:
The Supreme Court made critical observations while acquitting Birka Shiva, emphasizing evidentiary lapses and legal principles. It held that the prosecution failed to conclusively prove the victim’s minority, as the school certificate (Ex.P11) lacked corroboration under Section 35 of the Evidence Act—the headmaster admitted no personal knowledge of its authenticity. The Court noted the absence of testimony from the victim’s family or original birth records to verify her age.On kidnapping (Section 363 IPC), the Court observed the victim voluntarily accompanied the accused, with no evidence of enticement or force. Her delayed complaint (4 days) and cohabitation for two months without resistance negated the kidnapping charge. Regarding wrongful confinement (Section 342 IPC), the Court found no proof of restraint, as the victim never attempted to escape or seek help.For rape (Section 376 IPC), the Court highlighted the victim’s silence on lack of consent in her statements. Medical evidence only confirmed prior sexual activity, not recent assault or coercion. The judgment stressed that consensual relations cannot be criminalized without proof of minority or force. Ultimately, the Court acquitted Shiva, citing reasonable doubt due to the prosecution’s failure to establish guilt beyond reasonable doubt.
Final Decision & Judgement:
The Supreme Court, in its final judgment, allowed the criminal appeal and acquitted Birka Shiva of all charges under Sections 363, 342, and 376 of the IPC. The Court held that the prosecution had failed to prove its case beyond reasonable doubt on three critical aspects: (1) the victim’s minority status remained unsubstantiated as the school certificate (Ex.P11) lacked proper evidentiary foundation under Section 35 of the Evidence Act; (2) the kidnapping charge under Section 363 IPC was unsustainable as the evidence showed voluntary companionship rather than forcible taking; and (3) the rape allegation under Section 376 IPC collapsed due to absence of proof regarding lack of consent or forcible intercourse. The Court emphasized that criminal convictions require strict evidentiary standards, which were not met in this case. Consequently, the impugned judgments of both the Trial Court and High Court were set aside, and the appellant was granted full acquittal with all consequential benefits. The judgment reaffirmed the fundamental principle that mere allegations, without cogent proof, cannot sustain criminal liability.
Case Details:
Case Title: Birka Shiva vs. The State of Telangana Citation: 2025 INSC 863 Criminal Appeal No.: (Arising out of SLP(Crl.) No. 1445 of 2025) Date of Judgment: July 16, 2025 Judges/Justice Name: Justice Sanjay Karol & Justice Sandeep Mehta
Download The Judgement Here