Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | PENAL CODE, 1860:ss. 376 and 417-Accused committing rape on prosecutrix-Later assuring to marry her repeatedly committing sexual intercourse with her-Ultimately, refusing to marry her-Police declining to register FIR-On direction of Magistrate case registered-Conviction by trial court Affirmed by High Court-HELD: On the basis of evidence of prosecutrix as corroborated by other evidences, both the courts below rightly held the accused guilty of rape-But, offence u/s 417 not made out- Conviction u/s 376 upheldKeeping in view the facts and circumstances of the case, sentence of 10 years RI reduced to the period already undergone which was about 5 years-Fine as imposed by trial court to be paid to prosecutrix - Discrepancies in investigation - Effect of. The appellant alongwith another person, namely, 'NM' were prosecuted for offences punishable u/ss 376, 417 and 120-8 IPC. The prosecution case was that the • appellant, with the help of 'NM', approached the prosecutrix, who was working as a weaver, and asked her to marry him but she refused. In the evening of 23-2- G 2003 when it was dark and the prosecutrix was returning from the work, the accused caught hold of her and ravished her. Thereafter, the appellant assured to marry her and committed sexual intercourse with her several times. Later, when the appellant refused to marry the prosecutrix, she narrated the incident to her family members. A meeting was held in the village and the appellant was asked to marry the prosecutrix, but he refused. The police was approached but they advised to settled the matter amicably. Then a complaint was made and, on the directions of the Chief Judicial Magistrate, the police registered the case. During the trial, accused 'NM' ... was found to be a juvenile and his trial was separated . The trial court convicted the appellant of the offences punishable u/ss 376 and 417 IPC. The High Court having affirmed the judgment of the trial court, the appeal was filed. |
Judge | Hon'ble Mr. Justice V.S. Sirpurkar |
Neutral Citation | 2009 INSC 116 |
Petitioner | Zindar Ali Sk |
Respondent | State Of West Bengal & Anr. |
SCR | [2009] 1 S.C.R. 968 |
Judgement Date | 2009-02-06 |
Case Number | 222 |
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