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.