Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | ss. 363 1860 Penal Code 377 and 511: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860; ss. 363, 377 and 511: Rape of a minor girl-Accused allegedly enticed a minor girl, later raped her-Trial Court found him guilty of offences under ss. 363, 376 r/w ss. 511 and 377 IPC and sentenced him accordingly-Appeal dismissed by High Court-On appeal, Held: Prosecutrix was absolutely a minor innocent girl-She having identified the accused, it would be futile to hold a test identification parade-On the basis of deposition of prosecutrix and her parents, Trial Court as also High Court rightly convicted the accused persons. Juvenile Justice (Care and Protection of Children) Act, 2000- Applicability of-Held: Not applicable since accused having attained eighteen years of age on 1.4.2001, the date on which 2000 Act came into force. Accused-appellant allegedly enticed the prosecutrix, a 5 years old girl, and taken her away and raped her. She returned and narrated the incident to her parents. On the next day the girl was taken to the garage where accused was working as mechanic, where she identified the accused. An FIR was lodged and the prosecutrix was examined medically. Trial Court found the accused guilty of committing the offences u/ss. 363, 376 r/w Section 511 and Section 377 IPC and sentenced him accordingly and also imposed fine. Accused preferred an appeal, which was dismissed by the High Court. Hence the present appeal. Appellant contended that he having not been put to test identification parade, which was imperative having regard to the fact that the prosecutrix did not know him, the impugned judgment cannot be sustained; that although his age on the date of the occurrence was more than sixteen years but below eighteen years, having regard to the provision of the Juvenile Justice (Care and Protection of Children) Act, 2000, it was imperative on the part of the court to follow the procedures laid down therein. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 43 |
Petitioner | Jameel |
Respondent | State Of Maharashtra |
SCR | [2007] 1 S.C.R. 946 |
Judgement Date | 2007-01-16 |
Case Number | 173 |
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