Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: s.376- Sexual intercourse on false promise Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: s.376- Sexual intercourse on false promise of marriage - Allegation of victim that the appellant-accused committed sexual intercourse 5-6 times on false promise of marriage'. In her cross examination, victim gave last date of sexual intercourse as August 2009 - Appellant took plea of being juvenile on that date - Trial court after considering relevant material on record declared the appellant to be juvenile on ' the last date of incident - Revision petition of complainant allowed by High Court and matter remitted to trial court on the ground that the trial court ought to have considered the expert opinion obtained from a medical officer to determine the age of accused - Held: The question of obtaining medical opinion arises only if the documents are not available - Trial court took into account the documentary evidence as contemplated in the statutory provisions - In the face of the relevant documentary evidence, there could be no medical examination to ascertain the age of the appellant and as such the consequential directions passed by the High Court were, completely unwarranted - Trial court was therefore justified in going by the assertions made by the victim in her cross examination and then considering whether the appellant was juvenile on that date or not. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2017 INSC 34 |
Petitioner | Sri Ganesh |
Respondent | State Of Tamil Nadu And Anr. |
SCR | [2017] 1 S.C.R. 278 |
Judgement Date | 2017-01-06 |
Case Number | 39 |
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