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
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