Niyam v2 is live — start for just ₹100 — 200 credits to try

november 2010

Supreme Court of India · 2010-11-24

Datta vs State Of Maharashtra

Citation / case number
AIR 2011 SC (SUPP) 458
Court
Supreme Court of India
Petitioner
Datta
Respondent
State Of Maharashtra
Bench
Harjit Singh Bedi, Chandramauli Kr. Prasad

Judgment text excerpt

The Supreme Court upheld the High Court's conviction under Section 376 IPC for the rape of a child aged 10 to 12 years, emphasizing that the absence of medical evidence of rape does not negate the credibility of the prosecutrix's testimony. The Court noted that the medical report indicated torn hymen and laceration, supporting the finding of partial penetration. The Court dismissed the appeal, affirming the High Court's lesser sentence of seven years rigorous imprisonment, as permitted under Section 376 IPC for exceptional cases involving minors.

Datta vs State Of Maharashtra · Niyam