Supreme Court · 2011 INSC 48 · Decided 14 January 2011
State of U.P. v. Chhoteylal
- Court
- Supreme Court of India
- Citation
- 2011 INSC 48 · [2011] 1 S.C.R. 406
- Case number
- CRIMINAL APPEAL No. 769/2006
- Decided
- 14 January 2011
- Bench
- AFTAB ALAM, RAJENDRA MAL LODHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 363, 366, 368; CrPC Section 164
Headnote
PENAL CODE, 1860 : c ss. 363, 366, 368 and 376 - Kidnapping, wrongful confinement and rape -Conviction by trial court with 7 years R.I. - Acquittal by High Court -Held: Prosecutrix being less than 18 years of age, was removed from the lawful custody of her brother and was taken to a city by ~o where one of the accused had forcible sexual intercourse with ho/ - The High Court was not at all justified in taking a different view from the trial court - High Court has dealt with the matter with casual approach and its judgment is not only cryptic and perfunctory E but it has also not
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