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.