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january 1989

Supreme Court of India · 1989-01-17

PRITHI CHAND vs STATE OF HIMACHAL PRADESH

Citation / case number
SC 1981/63785
Court
Supreme Court of India
Petitioner
PRITHI CHAND
Respondent
STATE OF HIMACHAL PRADESH
Author
A.M. AHMADI
Bench
A.M. AHMADI

Judgment text excerpt

The Supreme Court upheld the conviction of the appellant under Section 376 IPC for the rape of a minor girl, affirming the admissibility of the medical certificate under Section 32 and Section 62 of the Evidence Act despite the absence of the examining doctor. The Court found that the absence of spermatozoa and the girl's age did not negate the possibility of penetration, as evidenced by the physical injuries sustained. The appeal was dismissed, and the High Court's reduction of the sentence to seven years of rigorous imprisonment was confirmed.

PRITHI CHAND vs STATE OF HIMACHAL PRADESH · Niyam