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july 2008

Supreme Court of India · 2008-07-09

State Of Maharashtra vs Gajanan @ Hemant Janardhan Wankhede

Citation / case number
(2008) 2 BOMCR(CRI) 582
Court
Supreme Court of India
Petitioner
State Of Maharashtra
Respondent
Gajanan @ Hemant Janardhan Wankhede
Author
Arijit Pasayat
Bench
P. Sathasivam, Arijit Pasayat

Judgment text excerpt

The Supreme Court overturned the Bombay High Court's acquittal of the respondent, who was convicted under Sections 363, 366, and 376 IPC for kidnapping and raping a minor. The Court emphasized that the age of the prosecutrix, being below 16 years, rendered her consent irrelevant under Section 375 IPC, thus establishing that any sexual intercourse with her constituted rape. The Supreme Court reinstated the conviction and sentence imposed by the Sessions Court, highlighting the gravity of the offences against minors.

State Of Maharashtra vs Gajanan @ Hemant Janardhan Wankhede · Niyam