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.