Supreme Court · 2008 INSC 1257 · Decided 7 November 2008
State of U.P. v. Manoj Kumar Pandey
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1257 · [2008] 15 S.C.R. 903
- Case number
- CRIMINAL APPEAL No. 1068/2001
- Decided
- 7 November 2008
- Bench
- ARIJIT PASAYAT, C.K. THAKKER, D.K. JAIN (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376, 323
Headnote
Penal Code, 1860 - ss.376 and 323: c Rape - Acquittal - Appeal against, disposed of by High . Court in cryptic manner - High Court dismissed appeal against acquittal of accused on ground that there was ; possibility of the victim being a consenting party as she was ~ -.,.. above 16 years of held: Merely because D - the victim was· more than 16 years of age, that cannot be a ground to hold that she was consenting party, particularly when no evidence was Jed to show such consent - Manner of disposal of appeal by High Court was not proper - Matter remitted back to High Court.
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