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november 2008

Supreme Court of India · 2008-11-11

State Of H.P vs Prem Singh

Citation / case number
AIR 2009 SUPREME COURT 1010
Court
Supreme Court of India
Petitioner
State Of H.P
Respondent
Prem Singh
Author
Arijit Pasayat
Bench
Arijit Pasayat, Mukundakam Sharma

Judgment text excerpt

The Supreme Court held that the delay in lodging the FIR in cases of sexual assault cannot be equated with other offences, emphasizing the societal factors influencing the victim's decision to report. The Court found that the High Court erred in dismissing the prosecution's case based on this delay. While the conviction under Section 376 IPC was overturned due to lack of evidence, the Court upheld the conviction for offences under Sections 354 and 506 IPC, sentencing the respondent to two years and six months of rigorous imprisonment respectively.

State Of H.P vs Prem Singh · Niyam