Supreme Court · 2004 INSC 518 · Decided 13 September 2004
State of Himachal Pradesh v. Shree Kant Shekari
- Court
- Supreme Court of India
- Citation
- 2004 INSC 518 · [2004] SUPP. 4 S.C.R. 380
- Case number
- CRIMINAL APPEAL No. 589/1999
- Decided
- 13 September 2004
- Bench
- ARIJIT PASAYAT, P.P. NAOLEKAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376, 506, 228A; CrPC Section 313; Constitution Article 21
Headnote
c D E F Penal Code, 1860-Sections 376 & 506-Rape of student by teacher­ Victim became pregnant-Placing reliance on her evidence, Trial Court convicted the accused-But High Court acquitted him-Appeal against the acquittal-On appeal, Held: Question of consent of the victim was FIR was lodged, victim was only about 14 years of age-High Court erred in putting burden on the victim to show that there was no consent-Plea of consent was not taken by accused in defence-High Court also erred in making hypothetical calculations regarding dates to doubt testimony of victim, an
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