Appeal against conviction
- Sections 363, 366 and 376(1) IPC
Appeal against conviction Accused allegedly kidnapped and committed rape upon victim who is below age of 18 years Age of victim proved to be above 16 years but below 18 years Medical evidence neither detecting spermatozoa nor mentioning any external injury on private parts of victim No external injury on any part of the body or vagina region is found Victim herself admitted that she wanted to marry accused but only with consent of her parents Prosecution has not established that rape is committed against the victim's will and without her consent Offence under Section 376 IPC is not made out Conviction under section 363 and 376 set aside but modified under section 366 Appeal partly allowed. [Paras 14, 16, 17 and 26]*_
_*Darji Chirag Urmilbhai v/s State of Gujarat CRL-A 2151/05 [ V.P. Patel JJ ]*_
_*[ GUJARAT HIGH COURT ]*_
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