Raju @ Nirpendra Singh vs State Of Madhya Pradesh 2025 INSC 392 - Gang Rape Conviction Upheld
Indian Penal Code 1860 - Section 376 - Once the age of the prosecutrix at the time of the incident is established to be that of minority, the question of consent per se becomes irrelevant and the act shall qualify as statutory rape nevertheless- Subjection to sexual intercourse under fear of accused persons can in no way be understood to mean as consent on part of the prosecutrix - Normal rule of delay does not apply to rape cases. [Context: SC upheld gang rape conviction and observed: Even if the argument of consent is to be considered, we cannot lose sight of the fact that the accused- appellants were men who had held the prosecutrix, who was of a tender age, captive for a prolonged period of time by threatening her life. It would be illogical to rule out the role played by constant fear that the prosecutrix was operating under as she was being subjected to rape by the accused persons over the period of two months.- Such an expression as “being accustomed to sexual intercourse” is nothing but an archaic notion of sexual purity which intends to morally shame the victim and downplay the role of consent, or the lack thereof, in an offence of rape.]
