Unnatural Offences - The Legal Chamber

The Supreme Court upheld the conviction under Sections 363, 366, 376, and 377 IPC, emphasizing that the testimony of a minor victim can be relied upon as a "sterling witness." It held that even if medical evidence is not conclusive, it does not rule out the offence, and consent is immaterial when the victim is below 16 years of age. Facts Of The Case: The case originated from an FIR registered in February 2007 against the appellant, Varun Kumar, for offences including kidnapping and rape under the IPC. The prosecution alleged that the appellant, along with a co-accused, abducted a minor girl aged about 15 years. The victim's testimony detailed that she was taken to Una and subsequently to a relative's house, where the appellant subjected her to forcible sexual and unnatural intercourse o...

The Supreme Court quashed the FIR under Section 498-A, 377, and 506 read with Section 34 IPC against the in-laws. It held that general and vague allegations, without specific details of cruelty or unlawful demands, do not constitute a prima facie case. The Court reiterated that proceedings without such foundational ingredients amount to an abuse of the process of law. Facts Of The Case: The appellants, who were the father-in-law, mother-in-law, and sister-in-law of the complainant, sought the quashing of an FIR registered against them. The FIR alleged offences under Sections 498-A (cruelty), 377 (unnatural sex), and 506 (criminal intimidation) read with Section 34 (common intention) of the Indian Penal Code. The marriage between the complainant and the appellants' son/brother took place ...

Tag: Unnatural Offences

Supreme Court Quashes FIR Against In-Laws, Says Vague Allegations in 498A Case Are Not Enough