Supreme Court of India · 2009-01-23
Mohan Chand vs State Of Uttarakhand
- Citation / case number
- AIR 2009 SUPREME COURT 1896
- Court
- Supreme Court of India
- Petitioner
- Mohan Chand
- Respondent
- State Of Uttarakhand
- Author
- Arijit Pasayat
- Bench
- Asok Kumar Ganguly, Arijit Pasayat
Judgment text excerpt
The Supreme Court upheld the conviction under Section 376 IPC for the appellant's involvement in the gang rape of the prosecutrix, emphasizing that consent obtained through deception or coercion is not valid. The Court reiterated that the presence of multiple accused and the circumstances surrounding the incident established a clear case of rape, thereby affirming the High Court's decision to impose a seven-year rigorous imprisonment sentence. The judgment reinforces the legal principle that the absence of consent, especially in cases involving minors or vulnerable individuals, is paramount in determining the culpability of the accused.