# 9 S.C.R. 1186 NEHRU @ JAWAHAR v. STATE OF CHHATTISGARH

- **Citation:** [2008] 9 S.C.R. 1186
- **Court:** Supreme Court of India
- **Decided:** 2008
- **Case number:** Criminal Appeal No. 1279 of 2001
- **Bench:** Dr. Arijit Pasayat, P.P. Naolekar
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/9-s-c-r-1186-nehru-jawahar-v-state-of-chhattisgarh-24834
- **Pages:** 4

## Headnote

Penal Code, 1860 - s. 376 - Rape -
Conviction by
Courts below - Plea of inconsistency in prosecution version
c and consent by the victim - Held: In view of the records of the
case no inconsistency found - Statement of the victim does
not disclose her consent - Conviction justified.
Appellant-accused was tried u/s 376 IPC. Accused
took the plea that the prosecutrix consented to the act.
D Prosecutrix told her age to be 14 years. In her statement
she narrated how she struggled to free herself from the
accused. Trial Court found her age to be around 16 years,
but found absence of consent and convicted the accused.
High Court confirmed the conviction.
E
In appeal to this Court, appellant contended that conviction was not called for as the prosecution case was
inconsistent as the prosecutrix was said to have been
examined by the Doctor (PW 7) at 9.15 A.M., while FIR was
lodged at 11 A.M; and that the Prosecutrix in her crossF examination stated that she had consented to the act.
Dismissing the appeal, the Court
HELD: The appeal lacks merit. Though the
Doctor(PW 7) stated that she had examined the prosecuG trix at 9.15 A.M., there is some confusion. Ex. P.8 is the
document by which the police officer sent the victim for
medical examination. The doctor has clearly mentioned
~
the time of examination to be 9.15 P.M. Therefore there is
no substance in the plea that examination was at 9.15 A.M.
H
1186
NEHRU @ JAWAHAR v. STATE OF
1187
CHHATIJSGARH [DR. ARIJIT PASAYAT, J.]
In view of the answers to the questions in cross-examinaA
tion of the Prosecutrix, the plea of consent is also without
substance. [Paras 5, 8 and 9] [1388-F,G &H; 1189-F & G]
CRIMINALAPPELLATEJURISDICTION: CriminalAppeal
No. 1279 of 2001
B
From the Judgment and Order dated 5.5.2000 of the High
Court of Madhya Pradesh at Jabalpur in Crl. Appeal No. 531 of
1989
Shishir Pinki for the Appellant.
c
Atul Jha, Dr. Manish Singhvi, D.K. Sinha and Rajesh
Srivastava for the Respondents.

## Text

A
B
[2008) 9 S.C.R. 1186
NEHRU @ JAWAHAR
V.
STATE OF CHHATTISGARH
(Criminal Appeal No. 1279 of 2001)
JUNE 'i3, 2008
[DR. ARIJIT PASAYAT AND P.P. NAOLEKAR, JJ.]
Penal Code, 1860 - s. 376 - Rape -
Conviction by
Courts below - Plea of inconsistency in prosecution version
c and consent by the victim - Held: In view of the records of the
case no inconsistency found - Statement of the victim does
not disclose her consent - Conviction justified.
Appellant-accused was tried u/s 376 IPC. Accused
took the plea that the prosecutrix consented to the act.
D Prosecutrix told her age to be 14 years. In her statement
she narrated how she struggled to free herself from the
accused. Trial Court found her age to be around 16 years,
but found absence of consent and convicted the accused.
High Court confirmed the conviction.
E
In appeal to this Court, appellant contended that conviction was not called for as the prosecution case was
inconsistent as the prosecutrix was said to have been
examined by the Doctor (PW 7) at 9.15 A.M., while FIR was
lodged at 11 A.M; and that the Prosecutrix in her crossF examination stated that she had consented to the act.
Dismissing the appeal, the Court
HELD: The appeal lacks merit. Though the
Doctor(PW 7) stated that she had examined the prosecuG trix at 9.15 A.M., there is some confusion. Ex. P.8 is the
document by which the police officer sent the victim for
medical examination. The doctor has clearly mentioned
~
the time of examination to be 9.15 P.M. Therefore there is
no substance in the plea that examination was at 9.15 A.M.
H
1186
NEHRU @ JAWAHAR v. STATE OF
1187
CHHATIJSGARH [DR. ARIJIT PASAYAT, J.]
In view of the answers to the questions in cross-examinaA
tion of the Prosecutrix, the plea of consent is also without
substance. [Paras 5, 8 and 9] [1388-F,G &H; 1189-F & G]
CRIMINALAPPELLATEJURISDICTION: CriminalAppeal
No. 1279 of 2001
B
From the Judgment and Order dated 5.5.2000 of the High
Court of Madhya Pradesh at Jabalpur in Crl. Appeal No. 531 of
1989
Shishir Pinki for the Appellant.
c
Atul Jha, Dr. Manish Singhvi, D.K. Sinha and Rajesh
Srivastava for the Respondents.
The Judgment of the Court was delivered by
Dr. ARIJIT PASAYAT, J. 1.Challenge in this appeal is to D
the judgment of a learned Single Judge of the Madhya Pradesh
High Court upholding the conviction of the appellant for offence
punishable under Section 376 of the Indian Penal Code, 1860
(in short the 'IPC'). But the sentence of seven years as was
imposed by the trial court i.e. the Court of Session Judge,
E
Rajnandgaon was reduced to five years and fine of Rs.20,000/
- was imposed under Section 357(1) of the Code of Criminal
Procedure, 1973 (in short the 'Cr.P.C.'). It was held that in case
the fine is not paid within the stipulated time, custodial sentence
of seven years as imposed by the trial court shall be maintained.
F
2. According to prosecution in the morning of 1 Oth June,
1988 the accused had taken the advantage of the helplessness of the victim and committed rape on her. First Information
Report was lodged around 11 A.M., and she was sent for medical examination. The accused after his arrest on 12t11 June, 1988 G
was sent for medical examination. Certain articles were also·
'
sent for chemical examination. After completion of the investigation, charge sheet was filed and the accused pleaded innocence and false implication. The prosecution in order to establish the accusations examined several witnesses including the
H
.. ' ~· ~ : .
\>s j
.....
1188
SUPREME COURT REPORTS
[2008] 9 S.C.R.
A prosecutrix who was examined as PW2 and the Doctor, who was
examined as PW 7. The investigating officer was examined as
PW 9. PW 8 was the Sub-inspector posted in the Rajnandgaon
police station. Before the trial court the prosecutrix stated the
age of the victim to be 14 years. Since the accused was taking
B the plea of consent, the prosecution rely on clause six of Section
375 l.P.C. to contend that consent was of no consequence as
she was below 16 years of age. In any event, there was no evidence of any consent. The trial court found the age of the victim
to be around 16 years. But it came to the conclusion that there
c was no consent as claimed by the accused. Accordingly the conviction was recorded and the sentence of seven years imprisonment was imposed alongwith fine of Rs.100/-. As noted above
the High Court in the appeal filed by the appellant maintained the
conviction and sentence of five years and enhanced the fine to
0
Rs.20,000/-. It was indicated that in case the fine was paid the
same was to be given to the victim and in case it was not paid,
the sentence imposed by the trial court was to be maintained.
3. In support of the appeal learned counsel for the appellant
submitted that there are certain suspicious circumstances; firstly adE mittedly the FIR was lodged at 11 AM but strangely the Doctor claimed
that she examined the victim at 9.15A.M. Secondly the victim in her
cross examination had clearly stated that her consent was there.
4. Learned counsel for the respondent-State on the other
hand submitted that the submissions are without substance and
F are contrary to the evidence on record.
5. We shall first deal the question as to the time when the
victim was examined by the Doctor. Though the Doctor PW 7
stated that she had examined her at 9.15 A.M., there is some
G confusion. Ex. P.8 is the document by which the police officer
sent the victim for medical examination. The doctor has clearly
mentioned the time of examination to 9.15 P.M. We referred to
the original document on record and therefore we find no substance in this plea of learned counsel for the appellant that examination was at 9.15 A.M.
H
...
NEHRU @ JAWAHAR v. STATE OF
1189
CHHATTISGARH [DR ARIJIT PASAYAT, J.]
6. So far as the question of consent is concerned, learned A
counsel for the appellant referred to cross examination of the
victim, more particularly question No. 10. The question and the
answer given by the prosecutrix read as follows:
"Q. Is it true that as accused didn't take the wood therefore,
you have falsely accused him?
B
A (Witness stated yes, thereupon question was repeated,
then she stated that) it-is not correct."
(Underlined for emphasis)
7. The answers at paragraphs 13&14 also relevant, they
read as follows:
"13. Having taken me inside the school accused unloaded
c
the wood stack I was carrying on my head and told me to go
inside the room but I didn't go into the room. Thereupon D
accused caught hold me- when I shouted accused gagged
me and thereafter he took me inside the room and made me
to lie thereafter he lifted my petticoat. When I hit him with the
leg he caught hold my leg. I had beaten him with the hand
also thereupon accused caught hold my hand, when accused
E
released my mouth, I tried to yet, he again gagged me.
14. The flooring of the room of the school is of stone where
accused had made me lie on the ground. I tried to release
myself from the grip of the accused with the result my body
waist had scratched."
F
8. Above being the position the plea of consent is without
substance.
9. The appeal lacks merit, deserves dismissal, which we
direct.
G
10. We record our appreciation for the able manner in which
Mr. Shishir Pinaki, learned Amicus Curiae assisted the Court.
"-,
K.K.T.
Appeal dismissed.
H