IPC Rao harnarain singh vs the State.pptx

Case regarding IPC and deals with the idea of what consent is categorised under law.

1. Rao harnarian singh vs the state By pratik lahoti 23013773

2. Overview of the case The case revolves around three accused persons namely – Rao Harnarain Singh, an Advocate and an Additional Public Prosecutor at Gurgaon, (2) Ch. Mauji Ram Deputy Superintendent Jail Gurgaon, (3) Balbir Singh The case deals with the rape and subsequent murder of the victim Mst . Sturti , who was the wife of Kalu Ram, a man living in one of the rooms in the house of the primary accused. The case and its subsequent judgement deal with the issue of whether consent can be used as a defence and how is consent different from an act of submission.

3. Issues presented Whether the accused could claim consent as a defense in the face of the rape and murder charges Whether the distinction between consent and submission applied in this case Whether the accused and his accomplices should be held liable for their actions.

4. Facts of the case Rao Harnarain Singh, an advocate and Additional Public Prosecutor, was at the center of a case involving the horrifying crimes of rape and murder. The accusations against him were grave, stating that he had coerced his tenant into allowing his wife to engage in sexual acts with him and his friends. These acts were said to have taken place over the course of one night, during which the woman was subjected to repeated instances of rape. Tragically, the woman succumbed to her injuries and died shortly after the incident. It is then stated that at the instance of Rao Harnarain Singh, Dr. Ram Parshad, Assistant Surgeon, was sent for to ascertain whether the girl had merely swooned or died. Another physician Dr. Gulati was also summoned, and both were of the view, that she was dead, but they could not assign the cause of her death. In the early hours of the morning of 19th April 1957 she was cremated. The Superintendent of Police found many different rumours in circulation as to the sinister and suspicious way the girl met her death. The Superintendent of Police ordered that a case under section 302, Penal Code, 1860, should be registered and investigated by the Inspector of Police On the 13th of May 1957, the Superintendent of Police, C.I.D. started investigation. On the 27th of May, 1957, Rao Harnarain Singh was taken into custody and Mauji Ram was arrested on the 28th of May, 1957. Balbir Singh accused was arrested on the 26th of June 1957.

5. Sections presented in the case 102 IPC - Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment.—Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abet­ment, be punished with the punishment provided for the offence. Explanation.—An act or offence is said to be committed in conse­quence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment. 201 IPC - Causing disappearance of evidence of offence or giving false information to screen offender.—Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offend­er from legal punishment, or with that intention gives any infor­mation respecting the offence which he knows or believes to be false. 302 IPC - Punishment for murder.—Whoever commits murder shall be punished with death, or 1[imprisonment for life], and shall also be liable to fine. 376 IPC - Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the women raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.

6. Difference between “consent” and “ submission” Mere act of helplessness resignation due to irresistible compulsion; passive giving in is not equal to Consent Consent requires voluntary participation after having exercised freely a choice b/w resistance and assent Every consent involves a submission, but the converse does not follow, and a mere act of submission does not involve consent Consent to relieve an act of criminal character (e.g. rape) must be an act of reason: accompanied with deliberation after weighing both good and evil and with power to withdraw the assent according to one’s will and pressure