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september 1978

Supreme Court of India · 1978-09-15

TUKA RAM AND ANR. vs STATE OF MAHARASHTRA

Citation / case number
SC 1977/61623
Court
Supreme Court of India
Petitioner
TUKA RAM AND ANR.
Respondent
STATE OF MAHARASHTRA
Bench
KOSHAL, A.D.

Judgment text excerpt

The Supreme Court addressed the interpretation of 'without consent' under Section 375 IPC, emphasizing that consent obtained through fear of death or hurt is invalid. The Court held that the prosecution bears the burden of proving all elements of the offense, including the age of the victim and the nature of consent. The judgment overturned the acquittal by the High Court, establishing that the evidence supported the conclusion of rape, as the victim was coerced and did not consent to the sexual acts committed by the accused.

TUKA RAM AND ANR. vs STATE OF MAHARASHTRA · Niyam