Supreme Court · 2008 INSC 989 · Decided 28 August 2008

State of U.P. v. Munshi

Court
Supreme Court of India
Citation
2008 INSC 989 · [2008] 12 S.C.R. 897
Case number
CRIMINAL APPEAL No. 287/2007
Decided
28 August 2008
Bench
ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 363, 366, 376

Headnote

Penal Code, 1860; Ss. 363, 366 and 376: " Rape - Conviction - Accused acquitted by High Court c on ground that prosecutrix was a consenting party and no reliable evidence available on record to show commission of rape by the accused - Correctness of - Held: In absence of reasons in the their function properly/exercise power of judicial review - Absence p of reasons rendered the judgment of the High Court not ..-+- sustainable - Moreover, even assuming that prosecutrix previously accustomed to sexual intercourse, she has a right to refuse to submit herself to sexual intercourse

Search related judgments

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)