Supreme Court · 2021 INSC 640 · Decided 8 October 2021
Manoj Mishra @ Chhotkau v. The State of Uttar Pradesh
- Court
- Supreme Court of India
- Citation
- 2021 INSC 640 · [2021] 8 S.C.R. 707
- Case number
- CRIMINAL APPEAL No. 1167/2021
- Decided
- 8 October 2021
- Bench
- M.R. SHAH, A.S. BOPANNA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 363, 366, 376, 4, 506; CrPC Section 164; POCSO Act Section 4
Headnote
Penal Code, 1860 - ss.363, 366, 376-D, 506 - Appellant alongwith other accused persons convicted and sentenced u/ss.363, 366, 376-D, 506 and s.4, POCSO Act - Held: Evidence of the prosecutrix and the medical evidence establish the charge of rape - However, charge of gang evidence - Thus, conviction by the trial court, confirmed by High Court u/s.376-D is modified - Appellant is convicted u/s.376 and sentenced for the period undergone - Fine and default sentence imposed by the trial court, unaltered - Conviction u/s.506 is set aside
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