Supreme Court · 2004 INSC 636 · Decided 3 November 2004

Deelip Singh @ Dilip Kumar v. State of Bihar

Court
Supreme Court of India
Citation
2004 INSC 636 · [2004] SUPP. 5 S.C.R. 909
Case number
CRIMINAL APPEAL No. 44/2004
Decided
3 November 2004
Bench
P. VENKATARAMA REDDI, P.P. NAOLEKAR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 376, 375; Evidence Act Section 114; Constitution Article 142

Headnote

B Penal Code, I 860: Section 375, clause sixth- 'With or without her consent, when she is under I 6 years of age '-Invocation of-Held: Finding that victim girl less C than I6 years on the date of first sexual intercourse not sustainable-Hence, clause sixth not atlracted Section 375, clause variance with her version in FIR and D as such improbable-Hence, cannot be said that victim subject to rape 'against her will'. Section 375, Clause second and section 376-Rape-Commission of­ Inducement to enter into sexual intercourse on promise to marry-Consent, given if falls within

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