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Rape Law in Transition, Part 9: Final Arguments, Sentence and Appeal

30 September 2026 · 21 min read

This is Part 9 of nine of Rape Law in Transition, a study of section 376 of the Indian Penal Code, sections 63, 64 and 69 of the Bharatiya Nyaya Sanhita, and the trial of sexual offences from complaint to appeal. One part is published each day from 27 September to 5 October 2026.

XIV. Final Arguments

Both sides argue the same three elements: the act, the absence of consent, and identity. Each should argue them in the order in which its own evidence is strongest.

The prosecution’s argument

The prosecution’s argument ordinarily proceeds in six stages. It begins with the legal frame: which statute governs each act, which description in section 375 or section 63 is relied on, and whether an aggravated clause has been charged so that the presumption in section 120 is available. It then proves the act and identity, through the prosecutrix’s testimony, the medical findings, the laboratory and DNA reports with every link of the chain established, and any CCTV, call records or hotel records.

The third stage is the absence of consent, proved on the limb pleaded through her testimony and any evidence of fear or coercion, with Chhoteylal and Mango Ram in support. In a false-promise case the prosecution must prove intention at the outset (Anurag Soni), and that proof is best supplied by concrete facts: an engagement to another woman already arranged, a false identity, a condition on the marriage showing that it was never meant to take place (Shivam Upadhyay), or a concealed existing marriage (Vipin Kumar). Corroboration follows, from her statement to the magistrate, an early complaint to her family, the medical findings and her conduct after the event.

The fifth stage anticipates the defence. Delay is met with Gurmit Singh and Gian Chand; the absence of injury with Ranjit Hazarika and Aparna Bhat; minor contradictions with Gurmit Singh; a hostile victim with Selvamani and Hemudan Nanbha Gadhvi; a defective investigation with Karnel Singh; and any attack on her character with section 48 and Shailendra Kumar Rai. The argument closes with the statutory minimum and any aggravating circumstance.

The defence’s argument

The defence’s argument begins where the prosecution’s burden is heaviest. The burden remains on the prosecution throughout; there is no presumption without a charge under an aggravated clause (Pankaj Singh), and even then the presumption is narrow (Raja). Any error in the statute charged for the date of the act should be taken at once, above all the invocation of section 69 for conduct before July 2024 (Himank Singh).

The heart of the argument is the prosecutrix’s successive versions, set side by side: the first information, the statement to the police, the statement to the magistrate, the history given to the doctor, and the deposition. Each contradiction must be proved through the investigating officer under section 148, and omissions kept within the categories in Tahsildar Singh. The sterling-witness test is then applied (Rai Sandeep, Santosh Prasad, Nirmal Premkumar, Delinquent Child N), and where the charges are intertwined, so is the principle that her evidence cannot be accepted in part and rejected in part (Paramjit Singh Bedi).

The medical and forensic evidence comes next: findings that rule out her account (Ram Singh, Sunil, Deepak), any break in the chain of custody (Rahul, Kattavellai, Neerajpal), and any material that was available but never collected or sent (Krishan Kumar Malik, Chotkau). Consent is argued from the relationship’s duration, the complainant’s conduct and the chats, if they have been properly proved (Pankaj Singh). In a false-promise case the defence presses the distinction between a broken promise and a false one (Deepak Gulati, Pramod Suryabhan Pawar), relying on the line of authority from Mahesh Damu Khare to Kunal Rameshbhai Kalyani. Delay and motive are argued together (Rajesh Kumar, Rajesh Patel), with the trigger for the complaint named, and the lapses of the investigation are laid out: no examination of the accused, no dispatch to the laboratory, no seizure of CCTV, no examination of independent witnesses.

Only then does the defence turn to its fallbacks: a conviction under section 69 BNS, rather than section 64 for conduct after July 2024; under section 376 rather than the child-protection statute where age is not proved; for sexual assault rather than penetrative assault where penetration is not proved (Sunil); and, last of all, mitigation of sentence.

Written submissions

Written submissions should follow the same discipline. The most useful structure is: a synopsis and list of dates; the charges and the statute that governs them; the issues; a table of the evidence, showing what each witness proved and each contradiction, with page and paragraph references to the depositions; the law on each issue, stated through two or three authorities with their paragraph numbers; and a short conclusion and prayer.

It is submitted that the court reads the table of evidence, not a string of twenty citations. For the defence, a single page setting the prosecutrix’s versions side by side is often the most persuasive document in the file. A template is given in Appendix D.

XV. Sentence, Compensation and Appeal

The statute fixes the minimum. Above it, the choice turns on proportionality and the prospect of reform. Appeals in rape cases carry a six-month target, and the victim has a right of appeal of her own.

Sentence

The statutory floors are set out in Appendix A, and courts cannot go beneath them (Ehsaan, para 9). Within the range, the Supreme Court has emphasised proportionality.

In Ehsaan v. State (NCT of Delhi) the Court listed the considerations a sentencing court should weigh, among them the gravity of the offence, the protection of society and the possibility of reformation.1 The appellant had been convicted of gang rape. He was twenty-five when the offence was committed, had no antecedents, and had behaved well through some ten years in custody. The State had placed nothing on record to show that he could not be reformed. The Court reduced his sentence from imprisonment for the remainder of natural life to the statutory minimum of twenty years.

In Suptan Marak the Court made a similar reduction under the child-protection statute, on the ground of the appellant’s age and clean record.2

It is submitted that the defence should lead evidence on sentence rather than rely on submission. That evidence covers age, antecedents, family circumstances, conduct in custody and prospects of reform. Ehsaan turned on exactly that record, and on the State’s failure to answer it.

Compensation

Under sections 65 and 70 of the Nyaya Sanhita the fine must be just and reasonable to meet the victim’s medical expenses and rehabilitation, and it is paid to her. Compensation under the State’s scheme is available under section 396 of the Nagarik Suraksha Sanhita, even where the offender is not traced. Every hospital must treat the victim free of cost (section 397).

An acquittal does not necessarily end the question of compensation. In Naim Ahamed the Supreme Court acquitted the accused but let stand an order requiring him to pay the complainant five lakh rupees. In Rahul it noted that the victim’s parents remained entitled to compensation under the victim compensation scheme. And in Deelip Singh it directed compensation under Article 142 despite setting aside the conviction.

Appeal

An appeal against a sentence for an offence under sections 64 to 68, 70 or 71 is to be disposed of within six months of filing (section 415(4)). The victim may appeal against an acquittal, against a conviction for a lesser offence, or against inadequate compensation (section 413, proviso), and she may do so under the pseudonym “X”, with her identity kept in a sealed cover (Nipun Saxena). An appellate court that reverses an acquittal must engage with the whole of the evidence, including the final medical opinion and the laboratory report, as Ram Singh shows. It may substitute a conviction under section 376 where a conviction under the child-protection statute fails for want of proof of age (Pynchemalangaki Bareh). And an appeal filed after July 2024 lies under the new Sanhita, even where the trial was conducted under the old Code (Deepu).

XVI. Conclusion

The law of rape in 2026 rests on a small number of settled propositions, surrounded by a larger number of unsettled ones. The settled propositions can be stated in a paragraph. The date of the act determines the offence, while procedure and evidence follow whatever was pending on 1 July 2024. Consent must be free, informed and specific, and neither submission nor silence supplies it. A promise to marry vitiates consent only if it was false when made and was the reason for the woman’s agreement. The victim’s word, if it is of sterling quality, is enough. And medical and scientific evidence is only as good as the record of how it was gathered, just as an electronic record is only as good as its certificate.

The unsettled questions are more numerous. Must a false promise after July 2024 be charged under section 69 rather than section 64? Do the statutory bars on anticipatory bail reach the corresponding offences under the Penal Code? How will the new certificate under section 63 be enforced in the trial courts, and what consequence follows when the new statutory time limits are exceeded? Will the marital exception survive the Supreme Court’s scrutiny?

These are, for the most part, questions of evidence rather than of definition. Most rape trials are won or lost in the record: in the hours after the complaint, in the chain of a sealed packet, and in the gap between what a woman told the police and what she told the court. The advocate who knows that record better than the other side, and who can set each fact against the rule that gives it meaning, will usually prevail, whether for the prosecution or for the defence.

Appendix D. The prosecutrix’s versions compared

A template for the one-page comparison recommended in Part XIV. Each cell records what the version says on the fact in question, with its page or paragraph reference; a blank cell records an omission.

FactFIRStatement to policeStatement to magistrateHistory to doctorDeposition
Date and place of the first act
Force, threat or promise alleged
Whom she told first, and when
The relationship before the act
Contact after the act
Reason given for any delay

Table of Authorities

Every judgment below was read in its full text on Indian Kanoon between 26 and 27 September 2026, and each name links to that text. The bench is given by the signatures on the judgment where Indian Kanoon reproduces them; otherwise it is taken from the header, and the note says so. An SCC citation is given only where Indian Kanoon displays it; the others should be confirmed from the report before use.

Supreme Court of India

AuthorityCitationDecidedBench
Paramjit Singh Bedi v. State of Punjab2026 INSC 105425.09.2026Ujjal Bhuyan, Atul S. Chandurkar
Deepak v. State (NCT of Delhi) — The line that every presumption is rebuttable is quoted from the Bombay High Court2026 INSC 100817.09.2026Prashant Kumar Mishra, N.V. Anjaria
Pynchemalangaki Bareh v. State of Meghalaya2026 INSC 98410.09.2026Prashant Kumar Mishra, N.V. Anjaria
Kunal Rameshbhai Kalyani v. State of Gujarat — FIR under s. 69 BNS alone2026 INSC 98707.09.2026J.B. Pardiwala, K. Vinod Chandran
Kondapaka Sridhar v. State of Telangana — Murder case2026 INSC 95103.09.2026J.B. Pardiwala, K. Vinod Chandran
Ram Singh v. State of Himachal Pradesh2026 INSC 83011.08.2026Ujjal Bhuyan, Atul S. Chandurkar
Suptan Marak v. State of TripuraSLP (Crl.) 19059/2025 (signed order)21.07.2026Prashant Kumar Mishra, Shree Chandrashekhar
Ehsaan v. State (NCT of Delhi)2026 INSC 72020.07.2026Sanjay Karol, Augustine George Masih
Mukesh Kumar Yadav v. State (A&N) — Remand on sentencing only; not an affirmance2026 INSC 55926.05.2026K.V. Viswanathan, Vijay Bishnoi
Pune Bar Association v. Union of IndiaW.P.(C) 599/2026 (order)22.05.2026Surya Kant CJI, Joymalya Bagchi, Vipul M. Pancholi
Pramod Kumar Navratna v. State of Chhattisgarh2026 INSC 12405.02.2026B.V. Nagarathna, Ujjal Bhuyan
Samadhan v. State of Maharashtra2025 INSC 135124.11.2025B.V. Nagarathna, R. Mahadevan
Kattavellai @ Devakar v. State of Tamil Nadu — Three signatures, though the Indian Kanoon summary lists two2025 INSC 84515.07.2025Vikram Nath, Sanjay Karol, Sandeep Mehta
Raju @ Umakant v. State of Madhya Pradesh — Read from in-document fragments2025 INSC 61501.05.2025Sanjay Karol, K.V. Viswanathan
Jaspal Singh Kaural v. State (NCT of Delhi)2025 INSC 45707.04.2025B.V. Nagarathna, S.C. Sharma
Rajnish Singh @ Soni v. State of U.P.2025 INSC 30803.03.2025Vikram Nath, Sandeep Mehta
State of H.P. v. Rajesh Kumar @ Munnu2025 INSC 33120.02.2025Surya Kant, N. Kotiswar Singh
Mahesh Damu Khare v. State of Maharashtra2024 INSC 89726.11.2024B.V. Nagarathna, N. Kotiswar Singh
Prashant v. State (NCT of Delhi) — Not the Delhi High Court bail order of the same name2024 INSC 87920.11.2024B.V. Nagarathna, N. Kotiswar Singh
Ramji Lal Bairwa v. State of Rajasthan — Sexual assault under POCSO, not rape2024 INSC 84607.11.2024C.T. Ravikumar, Sanjay Kumar
Saroj v. IFFCO-Tokio General Insurance Co. — Motor accident claim; the Indian Kanoon header misstates the bench2024 INSC 81624.10.2024Sanjay Karol, Ujjal Bhuyan
Shiv Pratap Singh Rana v. State of M.P.2024 INSC 48108.07.2024Abhay S. Oka, Ujjal Bhuyan
Selvamani v. State2024 INSC 39308.05.2024B.R. Gavai, Sandeep Mehta
Pankaj Singh v. State of Haryana2024 INSC 25421.03.2024Abhay S. Oka, Ujjal Bhuyan
Nirmal Premkumar v. State — POCSO harassment, not rape2024 INSC 19311.03.2024Dipankar Datta, K.V. Viswanathan, Sandeep Mehta
P. Yuvaprakash v. State2023 INSC 62618.07.2023S. Ravindra Bhat, Aravind Kumar
Naim Ahamed v. State (NCT of Delhi)Crl. A. 257/202330.01.2023Ajay Rastogi, Bela M. Trivedi
Rahul v. State of DelhiCrl. A. 611/202207.11.2022U.U. Lalit CJI, S. Ravindra Bhat, Bela M. Trivedi
State of Jharkhand v. Shailendra Kumar RaiCrl. A. 1441/202231.10.2022D.Y. Chandrachud, Hima Kohli
Chotkau v. State of U.P.Crl. A. 361–362/201828.09.2022S. Abdul Nazeer, A.S. Bopanna, V. Ramasubramanian
Satender Kumar Antil v. CBI — Only partly readM.A. 1849/202111.07.2022S.K. Kaul, M.M. Sundresh (header)
Manoj v. State of Madhya Pradesh — Murder case; cited for DNA onlyCrl. A. 248–250/201520.05.2022U.U. Lalit, S. Ravindra Bhat, Bela M. Trivedi
Jagjeet Singh v. Ashish Mishra — Murder caseCrl. A. 632/202218.04.2022N.V. Ramana CJI, Surya Kant, Hima Kohli
Smruti Tukaram Badade v. State of MaharashtraM.A. 1852/2019 in Crl. A. 1101/201911.01.2022D.Y. Chandrachud, Surya Kant
Phool Singh v. State of Madhya PradeshCrl. A. 1520/202101.12.2021M.R. Shah, Sanjiv Khanna
Aparna Bhat v. State of Madhya PradeshAIR 2021 SC 149218.03.2021A.M. Khanwilkar, S. Ravindra Bhat
Sonu @ Subhash Kumar v. State of U.P.AIR 2021 SC 140501.03.2021D.Y. Chandrachud, M.R. Shah
Ganesan v. State — POCSO sexual assaultAIRONLINE 2020 SC 77714.10.2020Ashok Bhushan, R. Subhash Reddy, M.R. Shah
Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal — Indian Kanoon paragraph numberingAIR 2020 SC 490814.07.2020R.F. Nariman, S. Ravindra Bhat, V. Ramasubramanian
Santosh Prasad v. State of BiharAIR 2020 SC 98514.02.2020Ashok Bhushan, M.R. Shah
Rekha Murarka v. State of West Bengal(2020) 2 SCC 47420.11.2019Mohan M. Shantanagoudar, Deepak Gupta
Pramod Suryabhan Pawar v. State of Maharashtra(2019) 9 SCC 60821.08.2019D.Y. Chandrachud, Indira Banerjee
Anurag Soni v. State of Chhattisgarh(2019) 13 SCC 109.04.2019L. Nageswara Rao, M.R. Shah
P. Rajagopal v. State of Tamil Nadu (Pattu Rajan) — Murder case(2019) 4 SCC 77129.03.2019N.V. Ramana, Mohan M. Shantanagoudar, Indira Banerjee
State of M.P. v. Laxmi Narayan(2019) 5 SCC 68805.03.2019A.K. Sikri, S. Abdul Nazeer, M.R. Shah
Nipun Saxena v. Union of India(2019) 2 SCC 70311.12.2018Madan B. Lokur, Deepak Gupta
Mahender Chawla v. Union of India — Two signatures; the header adds a third judge(2019) 14 SCC 61505.12.2018A.K. Sikri, S. Abdul Nazeer
Dhruvaram Murlidhar Sonar v. State of MaharashtraAIR 2019 SC 32722.11.2018A.K. Sikri, S. Abdul Nazeer
Hemudan Nanbha Gadhvi v. State of GujaratAIR 2018 SC 476028.09.2018Ranjan Gogoi, Navin Sinha, K.M. Joseph
Rajak Mohammad v. State of Himachal PradeshCrl. A. 1395/201523.08.2018Ranjan Gogoi, Navin Sinha, K.M. Joseph
Sham Singh v. State of HaryanaAIR 2018 SC 397621.08.2018Mohan M. Shantanagoudar, N.V. Ramana (header)
Independent Thought v. Union of India — Lokur J’s opinion verified; Gupta J’s conclusion not readAIR 2017 SC 490411.10.2017Madan B. Lokur, Deepak Gupta
Sonu @ Amar v. State of HaryanaAIR 2017 SC 344118.07.2017J.S. Khehar CJI, L. Nageswara Rao, Navin Sinha
Raja v. State of Karnataka(2016) 10 SCC 50604.10.2016Pinaki Chandra Ghose, Amitava Roy
Anvar P.V. v. P.K. Basheer(2014) 10 SCC 47318.09.2014R.M. Lodha CJI, Kurian Joseph, R.F. Nariman
Anil @ Anthony Arikswamy Joseph v. State of MaharashtraCrl. A. 1419–1420/201220.02.2014K.S. Radhakrishnan, Vikramajit Sen
Deepak Gulati v. State of Haryana(2013) 7 SCC 67520.05.2013B.S. Chauhan, Dipak Misra
Lillu @ Rajesh v. State of Haryana(2013) 14 SCC 643April 2013B.S. Chauhan, F.M.I. Kalifulla
Rajesh Patel v. State of Jharkhand — Para 11 deals with the delayed medical examination(2013) 3 SCC 79115.03.2013Chandramauli Kr. Prasad, V. Gopala Gowda
R. Shaji v. State of Kerala — Murder case(2013) 14 SCC 26604.02.2013B.S. Chauhan, V. Gopala Gowda
Gian Singh v. State of Punjab(2012) 10 SCC 30324.09.2012R.M. Lodha, Anil R. Dave, S.J. Mukhopadhaya
Rai Sandeep @ Deepu v. State (NCT of Delhi)(2012) 8 SCC 2107.08.2012Swatanter Kumar, F.M.I. Kalifulla
Krishan Kumar Malik v. State of Haryana(2011) 7 SCC 13004.07.2011Dalveer Bhandari, Deepak Verma
State of U.P. v. Chhoteylal(2011) 2 SCC 55014.01.2011Aftab Alam, R.M. Lodha
Sajjan Kumar v. CBICrl. A. arising from SLP (Crl.) 6374/201020.09.2010P. Sathasivam, Anil R. Dave
Tameezuddin @ Tammu v. State (NCT of Delhi)(2009) 15 SCC 56626.08.2009Harjit Singh Bedi, Aftab Alam (header)
Deelip Singh @ Dilip Kumar v. State of Bihar(2005) 1 SCC 8803.11.2004P. Venkatarama Reddi, P.P. Naolekar (header)
Sakshi v. Union of India — One signature on Indian Kanoon(2004) 5 SCC 51826.05.2004Not confirmed
Tulshidas Kanolkar v. State of Goa(2003) 8 SCC 59027.10.2003Doraiswamy Raju, Arijit Pasayat (header)
Uday v. State of Karnataka(2003) 4 SCC 4619.02.2003N. Santosh Hegde, B.P. Singh
State of H.P. v. Gian Chand(2001) 6 SCC 7101.05.2001Three judges (header)
State of H.P. v. Mango Ram(2000) 7 SCC 22424.08.2000Three judges, per Chhoteylal
Ranjit Hazarika v. State of Assam — Indian Kanoon’s date; not confirmed against the report(1998) 8 SCC 63528.02.1996 (IK)Not verifiable on Indian Kanoon
State of Punjab v. Gurmit Singh(1996) 2 SCC 38416.01.1996A.S. Anand, Saghir S. Ahmad (header)
Karnel Singh v. State of M.P.(1995) 5 SCC 51811.08.1995A.M. Ahmadi CJI, S.C. Sen (header)
Birad Mal Singhvi v. Anand Purohit1988 Supp SCC 60402.08.1988K.N. Singh, E.S. Venkataramiah (header)
T. Barai v. Henry Ah Hoe(1983) 1 SCC 17707.12.1982A.P. Sen, E.S. Venkataramiah, R.B. Misra (header)
Tahsildar Singh v. State of U.P.AIR 1959 SC 101205.05.1959Six judges; majority of four

High Court of Judicature at Allahabad

AuthorityCitationDecidedBench
Alok Ranjan v. State of U.P.2026:AHC:15801130.07.2026Vivek Kumar Singh J
Delinquent Child N v. State of U.P.2026:AHC-LKO:5181629.07.2026Subhash Vidyarthi J (Lucknow)
Ritesh Soni v. State of U.P. — No view on merits2026:AHC:15575928.07.2026Vivek Kumar Singh J
Neerajpal v. State of U.P.Crl. A. 372/201823.07.2026Rajesh Singh Chauhan, Rajeev Bharti JJ (Lucknow, DB)
Sunil v. State of U.P. — No paragraph numbers on Indian KanoonCrl. A. 4676/202217.07.2026Salil Kumar Rai, Vinai Kumar Dwivedi JJ (DB)
Saurabh Pal Singh v. State of U.P.Crl. A. 769/2025 and 2424/202606.07.2026Santosh Rai J
Lal Babu v. State of U.P. — Conviction under s. 366; general rule2026:AHC-LKO:4305202.07.2026Subhash Vidyarthi J (Lucknow)
Shivam Upadhyay v. State of U.P.2026:AHC-LKO:2381606.04.2026Manish Kumar J (Lucknow)
Himank Singh @ Vinay v. State of U.P.Appl. u/s 482 No. 41284/202310.03.2026Tej Pratap Tiwari J
Vipin Kumar v. State of U.P.Appl. u/s 528 BNSS No. 45399/202523.02.2026Avnish Saxena J
Sayyed Sameer v. State of U.P. — Bail appeal2025:AHC-LKO:6464516.10.2025Pramod Kumar Srivastava J (Lucknow)
Udayveer Singh v. State of U.P. — Bail order2025:AHC:1280524.01.2025Vivek Varma J
Deepu v. State of U.P.Crl. Misc. W.P. 12287/202406.08.2024Vivek Kumar Birla, Arun Kumar Singh Deshwal JJ (DB)

Other High Courts (persuasive)

AuthorityCitationDecidedBench
Hanmantappa v. State of Karnataka2026:KHC- D:1430131.08.2026Anant Ramanath Hegde J (Karnataka)
Rao Harnarain Singh Sheoji Singh v. State — Bail order; cited as adopted in Deelip SinghAIR 1958 P&H 12312.08.1957Not confirmed (Punjab)

Statutes

Bharatiya Nyaya Sanhita, 2023 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Bharatiya Sakshya Adhiniyam, 2023 · Indian Penal Code, 1860

The series


Authored by Eshan Kumar Gupta, Advocate, Hon'ble Allahabad High Court, Lucknow Bench.

Footnotes

  1. Ehsaan v. State (NCT of Delhi), 2026 INSC 720, paras 6.4, 8, 9 and 10. ↩

  2. Suptan Marak v. State of Tripura, decided on 21 July 2026, paras 11 and 12. ↩