Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860: ss.376/511 -Attempt to rape 12 years old girl |
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: ss.376/511 -Attempt to rape 12 years old girl - Trial court acquitted accused-respondent of offence u/ss. 3761511 and found him guilty for offence uls.354 and granted benefit of Probation of Offenders Act in view of his clear record and no prior conviction - High Court refused to interfere with the order of trial court- On State's appeal, Held: There was no eye witness on record apart from the prosecutrix herself for proving offence of attempt of rape - PW3 only saw the accused fleeing away and the alleged eye witness, was never produced before the Court nor her statement was recorded u/s.161 Cr.P.C. -Also, no medical examination of the prosecutrix was conducted- The offence of attempt to rape was, therefore, not proved beyond reasonable doubt - However, he was rightly convicted u/s.354 - The offence of outraging the modesty is heinous in nature and there is no reason for granting benefit of probation in this case - The accused is not granted benefit of Probation of Offenders Act, 1958. |
Judge | Hon'ble Mr. Justice Pinaki Chandra Ghose |
Neutral Citation | 2015 INSC 397 |
Petitioner | State Of Rajasthan |
Respondent | Sri Chand |
SCR | [2015] 6 S.C.R. 321 |
Judgement Date | 2015-05-11 |
Case Number | 561 |
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