Supreme Court · 2017 INSC 1205 · Decided 8 December 2017
Asharfi v. State of Uttar Pradesh
- Court
- Supreme Court of India
- Citation
- 2017 INSC 1205 · [2017] 12 S.C.R. 128
- Case number
- CRIMINAL APPEAL No. 1182/2015
- Decided
- 8 December 2017
- Bench
- RANJAN GOGOI, R. BANUMATHI (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376(2)(g), 450, 323; SC/ST Act Section 3(2)(v)
Headnote
Penal Code, 1860: s.376(2)(g), 450 and 323 - Conviction under - By courts C below - Relying on evidence of prosecutrix, another witness and medical evidence - Accused sentenced to 10 years RI with fine - On appeal, held: There is no perversity with respect to conviction and sentence - Conviction Tribes (Prevention of D Atrocities) Act, 1989: s.3(2)(v) (as prior to Amendment Act 1 of 2016) - Conviction under.:.. By courts below - On appeal, held: Unamended s. 3(2)(v) can be pressed into service only if it is proved that the offence under the provisions of !PC (punishable with
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