Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rape Crime against woman |
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 and s.506 - Rape of 14 year old girl — Conviction and seven years sentence by courts below — On appeal, held: Medical evidence corroborated the evidence of the prosecutrix that rape was committed on her — Non-rupture of ‘ hymen not sufficient ground to dislodge the theory of rape, as there was penetration which had caused bleeding in the private parts of the prosecutrix and therefore, the plea that there was an attempt to rape but not rape by the appellant not accepted — No interference called for with the conviction and sentence — Crime against woman. s.376, proviso -— Imposition of a sentence of imprisonment for a term of less than seven years in rape case — When called for — Held: The proviso to s.376(1), as it stood prior to its amendment in the year 2013 expressly states that the Court may impose a sentence of imprisonment for a term of less than seven years in an offence u/s.376(1), IPC, “for. adequate and special reasons to be mentioned in the judgment” — What is adequate and special depend upon several factors and on the facts of each case and no straitjacket formula has been laid down by the Court - in the facts of the instant case, the prosecutrix was a student of eighth class and about 14 years of age at the time-of incident — Thereafter, she had stopped going to school and was studying eighth class privately — In view of the age of the prosecutrix, the conduct of the appellant and the consequences of the rape on the prosecutrix, no adequate and special reasons in this case to reduce the sentence to less than the minimum sentence u/s.376(1) — Sentence/ Sentencing. |
Judge | Hon'ble Mr. Justice A.K. Patnaik |
Neutral Citation | 2014 INSC 27 |
Petitioner | Parminder Alias Ladka Pola |
Respondent | State Of Delhi |
SCR | [2014] 1 S.C.R. 451 |
Judgement Date | 2014-01-16 |
Case Number | 133 |
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