Supreme Court of India · 2009-08-18
Achhuta Nand vs State Of U.P
- Court
- Supreme Court of India
- Petitioner
- Achhuta Nand
- Respondent
- State Of U.P
- Bench
- B.S. Chauhan, Harjit Singh Bedi
Judgment text excerpt
The Supreme Court upheld the conviction under Section 376 IPC for the attempted rape of a 12-year-old girl, affirming the findings of the Additional Sessions Judge and the Allahabad High Court. The Court noted that while the medical evidence suggested no rape had occurred, the testimony of the prosecutrix was credible and established an attempt to commit rape under Section 376 read with Section 511 IPC. The Court rejected the defense's argument that the incident fell under Section 354 IPC, emphasizing the severity of the offense committed against the minor.