Supreme Court · 2008 INSC 842 · Decided 18 July 2008
State of Karnataka v. Bantara Sudhakara @ Sudha & ANR.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 842 · [2008] 10 S.C.R. 1161
- Case number
- CRIMINAL APPEAL No. 288/2001
- Decided
- 18 July 2008
- Bench
- ARIJIT PASAYAT, P. SATHASIVAM, AFTAB ALAM (3-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376
Headnote
Penal Code, 1860; s. 376: A B Rape of minor girls - Certificates produced by Headmas- C ter of School showing age of the prosecutrix less than 16 years 1 - Trial Court found the accused guilty of committing offence of rape and sentenced them accordingly - Acquitted by High Court holding prosecutrix more than 16 years and that there was consent - Correctness of - Held: Incorrect D -Accused persons did not plead that there was consent- High Court erred in taking the age of victims more than 16 years and in discarding the evidence of Head master showing the 1 age of the victim less
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)