Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | did D take place-Plea of false implication also not sustainable-Rape leaves permanent scar and has serious psychological imaact on victim and also her family members and no one would normally concoct story of rape just to falsely implicate person-Conviction and sentence of JO years R.l upheld-Crime against women. as defined in s.375 partial penetration or even attempt at penetration is sufficient Prosecutrix was six years old and it was quite likely that full penetration did not take place as accused was grown up person-Injuries clearly indicate that rape Penal Code 376(2)(f) and 342-Rape of minor girl-Held: To constitute offence of rape therefore 1860: ss. 375 |
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. 375, 376(2)(f) and 342 - Rape of minor girl - Held: To constitute offence of rape, partial penetration or even attempt at penetration is sufficient Prosecutrix was six years old and it was quite likely that full penetration did not take place as accused was grown up person - Injuries clearly indicate that rape, as defined in s.375, did take place - Plea of false implication also not sustainable - Rape leaves permanent scar and has serious psychological impact on victim and also her family members and, therefore, no one would normally concoct story of rape just to falsely implicate person - Conviction and sentence of 10 years R.l. upheld - Crime against women.Sentence/Sentencing: Rape of minor girl - Victim aged about six years - Imposition of sentence of 10 years R.I. - Reduction of - Held: No adequate and special reasons for reducing quantum of sentence - Penal Code, 1860 - ss. 375 and 376(2)(f) - Crime against women.Prosecution case was that the prosecutrix aged about 6 years was playing in the courtyard of her house when the accused living nearby took her inside his room and committed rape on her. PW-1, the mother of prosecutrix, heard cries of her daughter from inside the room of accused. The room was bolted from inside. She knocked at the door and accused opened it only after some time. The prosecutrix told her mother about the crime committed by accused on her. She called her husband and other relations. When husband reached home, they lodged FIR. After completing investigation, accused was charged under ss. 342 and 376 IPC.The Sessions Judge held that the case of prosecution was not established against the accused and accordingly acquitted him. On appeal, High Court convicted the accused under s. 376(2)(f) IPC and sentenced him to 10 years R.I. and fine of Rs.10,000/-. He was further convicted u/s.342 and sentenced one month's R.I. and fine of Rs.1000/-.In appeal to this Court, appellant contended that be was falsely implicated; that the hymen of prosecutrix was intact and therefore the charge of rape under s. 376 IPC as defined in s.375 IPC has not been made out and that the sentence of 10 years R.I. awarded by High Court was very severe. |
Judge | Hon'ble Mr. Justice G.P. Mathur |
Neutral Citation | 2007 INSC 1219 |
Petitioner | Rajendra Datta Zarekar |
Respondent | State Of Goa |
SCR | [2007] 12 S.C.R. 840 |
Judgement Date | 2007-12-04 |
Case Number | 32 |
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