Supreme Court · 2008 INSC 1067 · Decided 22 September 2008
Premiya @ Prem Prakash v. State of Rajasthan
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1067 · [2008] 13 S.C.R. 769
- Case number
- CRIMINAL APPEAL No. 1504/2008
- Decided
- 22 September 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 354, 376
Headnote
769 PREMIYA @ PREM PRAKASH A v. STATE OF RAJASTHAN (Criminal Appeal No. 1504 of 2008) " SEPTEMBER 22, 2008 8 [DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM SHARMA J.] Penal Code, 1860: s. 354 - Essential ingredients - Held: Person assaulted . c must be a woman - Accused must have used criminal rage alone for its object - On facts, from the evidence of pros- D ecutrix, it is clear that accused outraged her modesty but did not raped her - Thus, taking into account the evidence and other aspects, conviction of accused u/s 376 altered to one u! s. 354 - Accused having undergone two years
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)