Supreme Court · 2003 INSC 567 · Decided 27 October 2003
Tulshidas Kanolkar v. The State of Goa
- Court
- Supreme Court of India
- Citation
- 2003 INSC 567 · [2003] SUPP. 4 S.C.R. 978
- Case number
- CRIMINAL APPEAL No. 298/2003
- Decided
- 27 October 2003
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376, 506(2)
Headnote
Penal Code, 1860-Sections 376 and 506(2)-Rape-Mentally challenged victim-Delay in lodging FIR-Consent-Plea of Held, on facts, victim is totally unaware of dreadful consequences-Hence, there is C no delay in lodging FIR-Mentally challenged victim cannot legally give consent to sexual intercourse Appellant accused committed rape of a mentally challenged D victim·several times. The parents of the victim came to know of it on seeing the legs of the victim being swollen and signs of advanced stage of pregnancy. The victim pointed out accusing fingers at the appellant. The mother of
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