Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 – s.376– Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860 – s.376– Prosecutrix raped by respondentaccused–Trial court convicted the respondent– High Court reversedthe conviction and acquitted the respondent– On appeal, held: Inthe present case evidence of prosecutrix (PW-1) is supported bymedical evidence and also by the evidence of PW-4, who saw theaccused running away from the scene of occurrence– Delay inregistration of F.I.R. was properly explained– This was notconsidered by High Court– Judgment of High Court set aside andthat of trial court convicting the respondent restored– However, inthe instant case, the occurrence was of the year 1993 i.e. about 25years ago– Having regard to the passage of time and discretionvested with the Court as per proviso to s.376(1) (prior to 2013amendment) to impose imprisonment for a term less than seven years,the sentence of imprisonment of seven years imposed on therespondent is reduced to four years– Criminal Law (Amendment)Act, 2013.Penal Code, 1860 – s.375, Sixthly – Rape – Consent of victim– When not relevant – Held: Under s.375, Sixthly, a man is said tocommit rape with or without the consent of prosecutrix, when she isunder sixteen years of age – Prosecutrix being aged 12 years at thetime of the occurrence, her consent or otherwise was of no relevance.Evidence – Rape – Age of victim – School documents as prooffor – Appreciation of.Evidence – Rape – Absence of external injuries on the personof the rape victim – Effect of – Held: Absence of injury on theperson of the rape victim does not lead to an inference that theincident had taken place with the consent of the prosecutrix – Itdepends upon the facts and circumstances of each case – Further,even in the absence of external injury, the oral testimony of theprosecutrix that she was subjected to rape, cannot be ignored. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2018 INSC 757 |
Petitioner | State Of Madhya Pradesh |
Respondent | Preetam |
SCR | [2018] 10 S.C.R. 627 |
Judgement Date | 2018-08-29 |
Case Number | 2229 |
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