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november 2008

Supreme Court of India · 2008-11-07

State Of U.P vs Manoj Kumar Pandey

Citation / case number
AIR 2009 SUPREME COURT 711
Court
Supreme Court of India
Petitioner
State Of U.P
Respondent
Manoj Kumar Pandey
Author
Arijit Pasayat
Bench
D.K. Jain, C.K. Thakker, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the High Court's dismissal of the State's appeal against the acquittal of the respondent for offences under Sections 376 and 323 IPC was unsustainable. The Court emphasized that the mere age of the prosecutrix being above 16 years cannot imply consent without evidence, and the trial court's failure to address this issue warranted a remand for a fresh hearing. The Court also clarified that the prosecution's duty to explain delays in lodging FIR does not apply in rape cases, thus setting aside the High Court's order for a reasoned judgment.

State Of U.P vs Manoj Kumar Pandey · Niyam