Supreme Court Upholds Conviction of Accused for Kidnapping and Rape of 15-Year-Old

The appellant, Varun Kumar @ Sonu, was prosecuted for kidnapping and sexually assaulting a 15-year-old girl in February 2007. An FIR was registered under Sections 363 and 366 IPC, later amended to include Sections 376 and 377. The trial court acquitted both the appellant and the co-accused. On appeal, the Himachal Pradesh High Court reversed the acquittal of the appellant, holding him guilty of rape, unnatural offence and kidnapping. The appellant challenged this conviction before the Supreme Court, arguing inconsistencies in evidence, contradictions between medical and ocular testimony, and improper interference by the High Court with a plausible view taken by the trial court.

Main Issue: Whether the High Court was justified in reversing the acquittal and medical evidenceconvicting the appellant for offences under Sections 363, 366, 376, and 377 IPC based on the victim’s testimony and supporting .

SC’s Verdict: The Supreme Court dismissed the appeal, upholding the High Court’s conviction. It held that the victim, aged 15 at the time of the incident, was a reliable and sterling witness whose detailed account of rape and unnatural intercourse was consistent and credible. Medical evidence did not contradict her version; rather, doctors confirmed the possibility of recent sexual intercourse and did not rule out sodomy. The Court observed that even voluntary sexual activity was immaterial as the victim was a minor.

It further held that the trial court’s acquittal was perverse, and the High Court’s view, based on proper appreciation of evidence, was the only possible conclusion. No interference was warranted.

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