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july 2009

Supreme Court of India · 2009-07-06

Pandharinath vs State Of Maharashtra

Citation / case number
AIR 2010 SUPREME COURT 1453
Court
Supreme Court of India
Petitioner
Pandharinath
Respondent
State Of Maharashtra
Author
Mukundakam Sharma
Bench
B.S. Chauhan, Mukundakam Sharma

Judgment text excerpt

The Supreme Court upheld the conviction of the appellant under Section 376 IPC for committing rape, affirming the trial court's findings based on the testimony of the prosecutrix and corroborative evidence. The Court emphasized that the absence of physical resistance does not negate the occurrence of rape, and the victim's credibility is paramount in such cases. The High Court's alteration of the sentence to one year rigorous imprisonment was deemed insufficient, and the Supreme Court reinstated the original five-year sentence, highlighting the need for stringent punishment in sexual assault cases.

Pandharinath vs State Of Maharashtra · Niyam