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april 1992

Supreme Court of India · 1992-04-29

MADAN GOPAL KAKKAD vs SHRI NAWAL DUBEY

Citation / case number
SC 1988/68493
Court
Supreme Court of India
Petitioner
MADAN GOPAL KAKKAD
Respondent
SHRI NAWAL DUBEY
Author
S.R. PANDIAN
Bench
S.R. PANDIAN

Judgment text excerpt

The Supreme Court held that the accused, a medical graduate, was guilty of rape under Section 376 IPC for causing slight penetration into the vulva of an 8-year-old girl, despite the hymen remaining intact. The Court found the victim's testimony credible and corroborated by the circumstances, rejecting the trial court's acquittal. The Court emphasized that the gravity of the offense warranted a conviction under Section 376 IPC, altering the previous conviction under Section 354 IPC and imposing a sentence commensurate with the seriousness of the crime.

MADAN GOPAL KAKKAD vs SHRI NAWAL DUBEY · Niyam