Supreme Court · 2008 INSC 1287 · Decided 11 November 2008
State of Himachal Pradesh v. Prem Singh
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1287 · [2008] 15 S.C.R. 1058
- Case number
- CRIMINAL APPEAL No. 44/2002
- Decided
- 11 November 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376, 354, 506, 375
Headnote
-'-~ ' Penal Code, 1860: ss'.376, 354 and 506 - Conviction c under, by trial Court- High Court ordered acquittal on ground ... of inordinate. delay in lodging FIR - Challenged - Held: t- Delay in cases of sexual assault not fatal to prosecution ). case, since several factors weigh in the mind family members before coming to police station to I D lodge a complaint - On facts, prosecution established I ,_.i commission of offence under ss.354 and 506 - Acquittal for these offences not correct - Case of rape not established, hence, order of acquittal under S;376 is correct - Crime
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