Supreme Court · 2013 INSC 246 · Decided 11 April 2013
Mohan Lal & Anr v. State of Punjab
- Court
- Supreme Court of India
- Citation
- 2013 INSC 246 · [2013] 5 S.C.R. 831
- Case number
- CRIMINAL APPEAL No. 878/2011
- Decided
- 11 April 2013
- Bench
- B.S. CHAUHAN, F.M. IBRAHIM KALIFULLA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376(2); CrPC Section 309(1); Evidence Act Section 114; Constitution Article 21
Headnote
831 MOHAN LAL & ANR V. STATE OF PUNJAB (Criminal Appeal No (s).878-879 of 2011 ETC.) . APRIL 11, 2013 ' [DR. B.S. CHAUHAN AND FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ.) Penal Code, 1860- s.376(2)(b, (g) and 366- Gang rape A B - Of student - By teachers - Convicted by courts below u/ c s.3762)(g) of s.376(2)(b) are also applicable - There being fiduciary relationship between the accused and the 0 prosecutrix, provisions of s.114-A of Evidence Act are attracted - Thus there is presumption against any consent by the prosecutrix and the accused have not rebutted that presumption -
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