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january 2009

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.

Mohan Chand vs State Of Uttarakhand · Niyam