Supreme Court of India · 2004-04-21
State Of Chhattisgarh vs Derha
- Citation / case number
- AIR 2004 SUPREME COURT 2636
- Court
- Supreme Court of India
- Petitioner
- State Of Chhattisgarh
- Respondent
- Derha
- Bench
- N.Santosh Hegde, B.P.Singh
Judgment text excerpt
The Supreme Court held that the delay in lodging a complaint under Section 376(2) IPC was not fatal to the prosecution's case, as the delay was adequately explained by the absence of the victim's father. The Court emphasized that the trial court's reliance on the victim's testimony and medical evidence was justified, and the High Court's rejection of the delay explanation was erroneous. Consequently, the Supreme Court set aside the High Court's judgment and restored the trial court's conviction and sentence of 10 years' rigorous imprisonment.