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november 2008

Supreme Court of India · 2008-11-11

STATE OF H.P. vs PREM SINGH

Citation / case number
SC 2001/13545
Court
Supreme Court of India
Petitioner
STATE OF H.P.
Respondent
PREM SINGH

Judgment text excerpt

The Supreme Court held that in cases of sexual assault, the delay in lodging the FIR cannot be equated with other offences, as various societal factors influence the decision to report. The Court found that the High Court erred in dismissing the prosecution's case based on this delay. While the Court upheld the conviction under Sections 354 and 506 IPC, it ruled that the prosecution failed to establish the offence of rape under Section 376 IPC, leading to a partial allowance of the State's appeal and modification of the sentences.

STATE OF H.P. vs PREM SINGH · Niyam