Description
Statutory rape – particulars of charge sheet – essential elements or ingredients of the offence – charged with a non-existent provision – confusing and defective charge sheet.
- Where someone rapes a girl who is below 18 years of age, that is statutory rape.
- Statutory rape is created by Section 130(2)(e) of the Penal Code.
- Particulars of the charge sheet must disclose essential elements or ingredients of the offence that an accused is accused of having committed.
- The appellant was charged under a non-existent provision and the charge sheet stated that he had carnal knowledge of a 17 years old girl “without her consent” while in view of the complainant’s age, consent was immaterial – that charge sheet is confusing and defective – the irregularity prejudiced the accused and occasioned a failure of justice – appeal allowed, conviction quashed and sentence set aside.
