Supreme Court · 2008 INSC 788 · Decided 9 July 2008

State of Maharashtra v. Gajanan @ Hemant Janardhan Wankhede

Court
Supreme Court of India
Citation
2008 INSC 788 · [2008] 10 S.C.R. 541
Case number
CRIMINAL APPEAL No. 492/2001
Decided
9 July 2008
Bench
ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
Outcome
Case Allowed
Case type
Criminal
Acts & sections cited
IPC Section 363, 366, 376

Headnote

Penal Code, 1860 - ss. 363, 366 and 376 - Conviction and sentence under- Set aside by High Court in appeal, on ground that there was consent of the victim girl and she was c more than 16 years of age - Held: Conclusion of High Court about the date of birth of the victim was presumptuous - of the evidence on record and abrupt conclu- .,. sions, mostly based on surmises, were arrived at by the High ~ Court - Accused directed to serve the remainder sentence. D The Trial Court convicted Respondent under ss. 363, 366 and 376 of the IPC and sentenced him to undergo RI for 5, 4 and 3

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