Supreme Court · 2006 INSC 666 · Decided 29 September 2006
Tarakeshwar Sahu v. State of Bihar (Now Jharkhand)
- Court
- Supreme Court of India
- Citation
- 2006 INSC 666 · [2006] SUPP. 7 S.C.R. 10
- Case number
- CRIMINAL APPEAL No. 1036/2005
- Decided
- 29 September 2006
- Bench
- S.B. SINHA, DALVEER BHANDARI (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 354, 366, 375, 376, 511; CrPC Section 222
Headnote
Penal Code, 1860-Sections 354, 366, 375 and 376-Criminal Procedure Code, 1973-Section 222-Accused forcibly took a minor with C intention to commit rape on her and was caught before he could commit the act-Trial Court convicted the accused under section 376 rlw 511 I PC and sentenced him to seven awarded by the trial court-Correctness of­ Held, on evidence on record, the accused did not do any penetration into private part of the victim-Hence, conviction of the accused under section D 376 r/w 5/I IPC is set aside-Invoking section 222 Cr.P.C., the accused is convicled under
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