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 Dismissed |
Headnote | Penal Code, 1860 - s. 376 - Rape - Prosecution case that accused sexually assaulted a minor girl - Part of the incident witnessed by aunt of prosecutrix - Conviction by c courts below u/s. 376 - On appeal, held: Evidence of prosecutrix convincing and corroborated by her aunt - Even though prosecutrix was examined medically after 80 hours and evidence of doctor was wholly insufficient, the doctor testified that there had been an attempt to commit rape - Injury on the private parts of the prosecutrix was found - Absence of hymen also of some significance - Complete penetration was not necessary- Delay in lodging FIR in such case was natural - Thus, order of conviction does not call for interference. Judicial notice - Offence of rape - Delay in lodging FIR in such case is natural - Generally family of victim would not intend to get stigma attached to victim.The question which arose for consideration in this appeal was whether the courts below were justified in holding the appellant guilty of commission of offence under section 376 IPC. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 462 |
Petitioner | Satyapal |
Respondent | State Of Haryana |
SCR | [2009] 5 S.C.R. 577 |
Judgement Date | 2009-04-08 |
Case Number | 664 |
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