Supreme Court · 2011 INSC 69 · Decided 25 January 2011

Amar Bahadur Singh v. State of U.P.

Court
Supreme Court of India
Citation
2011 INSC 69 · [2011] 2 S.C.R. 243
Case number
CRIMINAL APPEAL No. 107/2006
Decided
25 January 2011
Bench
H.S. BEDI, C.K. PRASAD (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 376

Headnote

Penal Code, 1860: s.376- Rape -Allegation of rape on A 8 · prosecutrix in her house - Prosecutrix was 26 years of age C and mother of seven children - Rape allegedly committed in the presence of her children and other family members - Trial court convicted the accused u/s.376 and sentenced years - High Court reduced the sentence from seven to five years observing that D the facts indicated that the prosecutrix ·was a consenting party - On appeal, held: The possibility of commission of rape in the presence of so many members in a small house is not convincing - The finding

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