Supreme Court · 2006 INSC 260 · Decided 27 April 2006

Guddu @ Santosh v. State of Madhya Pradesh

Court
Supreme Court of India
Citation
2006 INSC 260 · [2006] SUPP. 1 S.C.R. 414
Case number
CRIMINAL APPEAL No. 1491/2005
Decided
27 April 2006
Bench
S.B. SINHA, P.P. NAOLEKAR (2-judge bench)
Outcome
Case Partly allowed
Case type
Criminal
Acts & sections cited
IPC Section 3761511

Headnote

Penal Code, 1866: s.3761511-Minor girl-Subjected to sexual assault-Doctor found C swelling over private part of victim-Hymn intact but had become red-No definite report by doctor of intercourse in immediate past-High Court convicting accused u/s 3 7 61511-Held, it is not a case where merely evidence inference could also have been drawn D by High Court that there had 'been penetration-High Court failed to notice that even slight penetration was sufficient to constitute offence of rape­ However, since High Court convicted accused u/s 3761511, sentence of JO years reduced to 5

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