2013 (1) TMI 1023 - SC - Indian Laws

Supreme Court reverses acquittal in rape case, emphasizes individual case evaluation for consent

State of Kerala And Others Versus Joseph Alias Baby And Others

State of Kerala And Others Versus Joseph Alias Baby And Others - TMI Issues involved: Appeal against acquittal based on consideration of evidence from separate cases, interpretation of evidence in relation to consent for sexual intercourse, application of CrPC provisions for appellate review.The Supreme Court heard a batch of appeals arising from a common judgment of the High Court of Kerala. The appeals stemmed from cases involving alleged kidnapping, wrongful confinement, rape, and gang rape of a minor girl. The Special Court convicted multiple accused in Sessions Case No. 187 of 1999 and one accused in Sessions Case No. 241 of 2001 under various sections of the Indian Penal Code (IPC).The High Court, in a common judgment, considered evidence from both cases and acquitted all accused based on the lack of convincing evidence regarding the prosecutrix's willingness in sexual intercourse. The State of Kerala contended that the High Court failed to consider evidence from Sessions Case No. 187 of 1999 and highlighted the provisions of Sections 385(2) and 386 of the Code of Criminal Procedure (CrPC) regarding appellate review.The respondents' Senior Counsel argued that the evidence warranted acquittal, negating the need for remand to the High Court. After hearing both parties, the Supreme Court found merit in the State's submission. It noted that the High Court's acquittal was based solely on evidence from Sessions Case No. 241 of 2001, without considering evidence from Sessions Case No. 187 of 1999.The Supreme Court emphasized the importance of evaluating each case's facts individually to determine consent in sexual intercourse. It criticized the High Court for not considering the distinct circumstances of each case and remanded the matters back to the High Court for fresh disposal in accordance with the law.Additionally, the High Court's discharge of bail bonds for the acquitted respondents was noted. The Supreme Court allowed the respondents to file fresh bail applications within four weeks. It clarified that its order did not express any opinion on the case merits and urged the High Court to expedite the appeals' hearing and disposal within six months.The Supreme Court directed that if any appeal had abated due to the death of an accused, the State should inform the High Court for appropriate action. The appeals were disposed of, and the original records were to be returned to the High Court promptly.