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december 2004

Supreme Court of India · 2004-12-01

State Of U.P vs Pappu @ Yunus And Anr

Citation / case number
AIR 2005 SUPREME COURT 1248
Court
Supreme Court of India
Petitioner
State Of U.P
Respondent
Pappu @ Yunus And Anr
Author
Arijit Pasayat
Bench
Arijit Pasayat, S.H. Kapadia

Judgment text excerpt

The Supreme Court held that the acquittal of the accused under Section 376 IPC by the Allahabad High Court was erroneous, as it failed to adequately consider the evidence presented, particularly the testimony of the prosecutrix and her mother. The Court emphasized that the character of the victim is irrelevant in cases of statutory rape, especially when the victim is a minor, and reiterated that consent is not a defense under Section 375 IPC. The Supreme Court overturned the High Court's decision and restored the conviction and sentence imposed by the trial court.

State Of U.P vs Pappu @ Yunus And Anr · Niyam