Supreme Court of India · 2001-05-01
State Of Himachal Pradesh vs Gian Chand
- Citation / case number
- AIR 2001 SUPREME COURT 2075
- Court
- Supreme Court of India
- Petitioner
- State Of Himachal Pradesh
- Respondent
- Gian Chand
- Author
- R.C. Lahoti
- Bench
- Chief Justice, R.C. Lahoti, Doraiswamy Raju
Judgment text excerpt
The Supreme Court held that the acquittal of the accused under Section 376 IPC by the High Court was erroneous as the evidence presented, including the testimony of the prosecutrix and medical examination findings, established the occurrence of rape. The Court emphasized that the age of the victim, being only 5 years and 6 months, necessitated a stringent approach towards the accused. Consequently, the Supreme Court overturned the High Court's decision, reinstating the conviction and sentence imposed by the Sessions Court.