Supreme Court · 2009 INSC 116 · Decided 6 February 2009
Zindar Ali SK v. State of West Bengal & ANR.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 116 · [2009] 1 S.C.R. 968
- Case number
- CRIMINAL APPEAL No. 222/2009
- Decided
- 6 February 2009
- Bench
- TARUN CHATTERJEE, V.S. SIRPURKAR (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376, 417
Headnote
PENAL CODE, 1860: c ss. 376 and 417-Accused committing rape on prosecutrix-Later assuring to marry her repeatedly committing sexual intercourse with her-Ultimately, refusing to marry her-Police declining to register FIR-On direction of Magistrate case registered-Conviction by trial court- D basis of evidence of prosecutrix as corroborated by other evidences, both the courts below rightly held the accused guilty of rape-But, offence u/s 417 not made out- Conviction u/s 376 upheld- Keeping in view the facts and circumstances of the case, E sentence of 10 years RI reduced to the period
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