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september 1972

Supreme Court of India · 1972-09-13

GURCHARAN SINGH vs STATE OF HARYANA

Citation / case number
SC 1969/60038
Court
Supreme Court of India
Petitioner
GURCHARAN SINGH
Respondent
STATE OF HARYANA
Bench
DUA, I.D.

Judgment text excerpt

The Supreme Court upheld the conviction of the appellant under Sections 366 and 376 IPC for abducting a girl under 16 years and committing rape. The Court clarified that under Section 375 IPC, consent is immaterial for minors, and penetration alone suffices to establish the offence. The absence of violence marks on the victim does not negate the crime, as it merely indicates a lack of violent resistance, which is inconsequential given her age. The Court found the victim's testimony credible and corroborated by other evidence, thus dismissing the appeal.

GURCHARAN SINGH vs STATE OF HARYANA · Niyam