Even If Minor Girl Wilfully Volunteered To Sexual Intercourse, It Is Immaterial: Supreme Court Upholds Rape Conviction

The Supreme Court upheld conviction in a rape case observing that even if a minor victim girl has wilfully volunteered to sexual intercourse, it is immaterial.

The Bench of Justice Manoj Misra and Justice Vipul M. Pancholi observed, “Even assuming that the victim had wilfully volunteered to sexual intercourse, this aspect becomes immaterial, as the victim was a minor on the date of the incident in question. As observed hereinabove, as per the case of the prosecution, she was aged about 15 years on the date of the incident.”

Case Brief

An Appeal was filed challenging the order of the High Court, whereby the accused was convicted for the offences punishable under Sections 363, 366, 376 and 377 of the IPC.

The Trial Court acquitted the accused, however, the High Court convicted the accused Sections 363, 366, 376 and 377 IPC. Hence, the appellant filed an appeal against the same.

The Victim girl was 15 years old and was subject to unnatural sex.

Court’s Observation

At the outset, the Court noted that there was no dispute with regard to the age of the victim girl. The Court noted that the victim girl has specifically disposed that she was subjected to sexual intercourse by the appellant.

“From the evidence given by the victim, we are of the view that the victim can be termed as a sterling witness”, the Court observed.

The Court also took into account the fact that the Doctors who conducted the medical examination of the victim has also stated that the possibility of the rape cannot be ruled out.

Pertinently, the Court held, “Even assuming that the victim had wilfully volunteered to sexual intercourse, this aspect becomes immaterial, as the victim was a minor on the date of the incident in question.”

Accordingly, the Court dismissed the appeal.

Cause Title: Varun Kumar Alias Sonu V. The State of Himachal Pradesh (Neutral Citation: 2025 INSC 1232)

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