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october 2003

Supreme Court of India · 2003-10-27

TULSHIDAS KANOLKAR vs STATE OF GOA

Citation / case number
SC 2003/1404
Court
Supreme Court of India
Petitioner
TULSHIDAS KANOLKAR
Respondent
STATE OF GOA
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT DORAISWAMY RAJU

Judgment text excerpt

The Supreme Court upheld the conviction of the appellant under Section 376 and Section 506(2) IPC for the rape of a mentally challenged victim, emphasizing that the victim's inability to comprehend the act constituted a clear case of exploitation. The Court found that the delay in lodging the FIR was satisfactorily explained and did not undermine the prosecution's case. The sentence of 7 years imposed by the High Court was deemed insufficient given the gravity of the crime, leading the Supreme Court to reaffirm the conviction and call for a more stringent sentence.

TULSHIDAS KANOLKAR vs STATE OF GOA · Niyam