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.