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.