Supreme Court · 2008 INSC 305 · Decided 5 March 2008

Gowrishankara Swamigalu v. State of Karnataka & ANR.

Court
Supreme Court of India
Citation
2008 INSC 305 · [2008] 3 S.C.R. 1042
Case number
CRIMINAL APPEAL No. 568/2004
Decided
5 March 2008
Bench
S.B. SINHA, H.S. BEDI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 377

Headnote

-/. - Penal Code, 1860 - s.377: c Unnatural offence - Appellant was 'Junior Swamiji' in a 'Mutt'-- 'Mutt' used to run a school - Respondent No.2, aged 13 years, was a student in said school - Appellant allegedly subjected him to unnatural offence for seven days at about the same time - FIR month after the incident -· Absence of medical evidence in regard to D commission of offence - Trial Court acquitted Appellant giving ~ him the benefit of doubt - High Court reversed the judgment .. of acquittal. - On appeal, held: High Court erred in reversing the judgment of acquittal -

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