Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 376 ands. 363 rlw s. 109- Punishment for kidnapping and rape Penal Code 1860- ss. 366 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860- ss. 366, 376 ands. 363 r/w s. 109- Punishment for kidnapping and rape - A 1 allegedly kidnapped PW 4, compelled her to marry him and raped her - A2 and A3 were allegedly involved in compelling PW 4 to get married to A 1 - Concurrent findings by the courts below that PW 4 was minor on the date of the incident - Trial court convicted A 1 u/ss. 366 and 376 and sentenced him to rigorous imprisonment for 3 and 7 years; and A2 and A3 u/s. 366/109 and sentenced them to 3 years rigorous imprisonment each - High Court upheld conviction and sentence of A 1, however, modified that of A2 and A3 to s. 363/109 and sentenced them to two years imprisonment each - Plea of appellants (A 1, A2 and A3) before Supreme Court that PW 4 was major at the relevant time and that she married A 1 voluntarily and not under compulsion - On appeal, held: School certificate issued by the Headmaster on basis of the entry made in the school register corroborates the contents of the birth certificate issued by Municipality that prosecutrix was minor on the date of the incident - Thus, no other issue required to be considered - Order of conviction and sentence passed by the High Court does not call for interference - Evidence Act, 1872 - s. 35. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2011 INSC 362 |
Petitioner | Murugan @ Settu |
Respondent | State Of Tamil Nadu |
SCR | [2011] 5 S.C.R. 1189 |
Judgement Date | 2011-05-06 |
Case Number | 455 |
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