Supreme Court · 2000 INSC 411 · Decided 24 August 2000
State of Himachal Pradesh v. Mango Ram
- Court
- Supreme Court of India
- Citation
- 2000 INSC 411 · [2000] SUPP. 2 S.C.R. 626
- Case number
- CRIMINAL APPEAL No. 790/1996
- Decided
- 24 August 2000
- Bench
- A.S. ANAND, R.C. LAHOTI, K.G. BALAKRISHNAN (3-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 375, 376
Headnote
c D E Penal Code, 1860-Sections 375 and 376-Rape-Proof of o.lfence­ Consent for sexual act-Held, the offence is committed; submission under fear o.f terror cannot be construed as a consented sexual act. Respondent-accused, aged about 17 years, committed rape of his niece, a minor girl. The police. The accused was arrested. Trial Court acquitted the accused on the ground that the offence of rape had not been established by the prosecution; that she was above the age of 16 years; and that there was consent by her for the sexual act. High Court confirmed it. Hence the appeal by the
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