Supreme Court · 2010 INSC 814 · Decided 24 November 2010
Datta v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2010 INSC 814 · [2010] 14 S.C.R. 921
- Case number
- CRIMINAL APPEAL No. 295/2005
- Decided
- 24 November 2010
- Bench
- H.S. BEDI, C.K. PRASAD (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376
Headnote
Penal Code, 1860: s.376 - Rape of a child of 10-12 years-Acquittal by trial court- Conviction by High Court with 7 years RI- Held: The High Court has given a positive finding that the statement of A .B c the prosecutrix and her mother, clearly spelt out a case of rape andthat as she was merely a age, there 0 was no reason whatsoever as to why she would tell a lie '- The High Court has a/so observed that the trial court appeared to have misread the evidence of the doctor inasmuch as the evidence read as a whole c/ear/yrevea/ed that there had been partial penetration of the vagina of the
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