Supreme Court · 2015 INSC 193 · Decided 10 March 2015
Satish Kumar Jayanti Lal Dabgar v. State of Gujarat
- Court
- Supreme Court of India
- Citation
- 2015 INSC 193 · [2015] 2 S.C.R. 751
- Case number
- CRIMINAL APPEAL No. 230/2013
- Decided
- 10 March 2015
- Bench
- DIPAK MISRA, A.K. SIKRI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 363, 366, 376, 375; POCSO Act
Headnote
Penal Code, 1860- ss. 363, 366, 376 - Kidnapping of a girl below 16 years, inducing her to marriage and commission of rape - Conviction of accused ulss. 363, 366, 376 and sentenced accordingly - High Court upheld the conviction o however, reduced sentence of rigorous imprisonment of seven years to rigorous imprisonment for four and a half years - Plea for reduction of sentence - Case of accused that every act between the parties was consensual - On appeal, held: On facts, clause E sixthly of s. 375 attracted making her consent for sexual intercourse as immaterial - Minor is incapable
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