STATE OF U.P. vs MANOJ KUMAR PANDEY

The Supreme Court held that the High Court's dismissal of the State's appeal against the acquittal of the respondent under Sections 376 and 323 IPC was unsustainable. The Court emphasized that the mere fact that the prosecutrix was above 16 years of age cannot imply consent without evidence. It reiterated that the prosecution's duty to explain delays in lodging FIR does not apply in rape cases. Consequently, the Court set aside the High Court's order and remitted the matter for fresh hearing with detailed consideration.