Supreme Court of India · 2009-11-25
Abbas Ahmad Choudhary vs State Of Assam
- Citation / case number
- AIR 2010 SC (SUPP) 742
- Court
- Supreme Court of India
- Petitioner
- Abbas Ahmad Choudhary
- Respondent
- State Of Assam
- Bench
- Harjit Singh Bedi, J.M. Panchal
Judgment text excerpt
The Supreme Court upheld the conviction of the appellants under Sections 376/34 and 336/34 IPC for the rape of a minor, affirming that the prosecutrix's age was between 13 and 15 years, rendering any consent irrelevant. The Court found the testimonies of the prosecutrix and corroborating witnesses credible, despite the defense's arguments regarding inconsistencies and lack of medical evidence of recent intercourse. The appeal against the High Court's dismissal of their conviction was rejected, reinforcing the legal principle that the absence of physical evidence does not negate the occurrence of rape, especially in cases involving minors.