Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | ss.378 313 criminal Cr.P.C Appeal against acquitta |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973 – ss.378, 313 – Appealagainst acquittal – FIR lodged against appellant-accused allegingthat when the prosecutrix used to go to jungle to graze goats andcattle, appellant also used to come there and had sexual intercoursewith her forcibly – Trial Court acquitted the appellant for offencesu/ss.376, 506, IPC on the grounds of delay in FIR and that theprosecutrix was not of unsound mind as alleged – Acquittal reversedby High Court – Held: It has been proved that the prosecutrix wasmentally retarded and she was not in a position to understand thegood and bad aspect of sexual assault – Appellant tookdisadvantage of the mental sickness and low IQ of the prosecutrix– He is the biological father of the child delivered by her – In hiss.313 CrPC statement, the case of the appellant was of a total denial– It was never his case that it was a case of consent – Thus, he camewith a false defence – Considering the evidence on record, the HighCourt rightly convicted the appellant for the offence u/ss. 376 and506, IPC – Being the first appellate Court, the High Court wasjustified in re-appreciating the entire evidence on record and thereasoning given by the trial Court – Impugned judgment notinterfered with – Penal Code, 1860 – ss.375, 376, 506. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2020 INSC 675 |
Petitioner | Chaman Lal |
Respondent | The State Of Himachal Pradesh |
SCR | [2020] 12 S.C.R. 1000 |
Judgement Date | 2020-12-03 |
Case Number | 1229 |
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