Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Gang rape presumption |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860- s.376(2)(b, (g) and 366- Gang rape - Of student - By teachers - Convicted by courts below u/s.3762)(g) and 366 and sentenced to 10 years RI and fine - Held: Accused rightly convicted - Since the accused were public servants and the prosecutrix being a student in their custody, provisions of s.376(2)(b) are also applicable - There being fiduciary relationship between the accused and the prosecutrix, provisions of s.114-A of Evidence Act are attracted - Thus there is presumption against any consent by the prosecutrix and the accused have not rebutted that presumption - Considering the relationship between the accused and prosecutrix, life imprisonment should have been proper punishment - But in the circumstances that State has not come in appeal and Special Leave Petition of another accused was dismissed by Supreme Court, the Court is not in a position to issue notice for enhancement of punishment - Evidence Act, 1872 - s.114-A. |
Judge | N/A |
Neutral Citation | 2013 INSC 246 |
Petitioner | Mohan Lal & Anr |
Respondent | State Of Punjab |
SCR | [2013] 5 S.C.R. 831 |
Judgement Date | 2013-04-11 |
Case Number | 878-879 |
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