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april 2013

Supreme Court of India · 2013-04-09

Kailash @ Tanti Banjara vs State Of M.P

Court
Supreme Court of India
Petitioner
Kailash @ Tanti Banjara
Respondent
State Of M.P
Bench
Fakkir Mohamed Ibrahim Kalifulla, B.S. Chauhan

Judgment text excerpt

The High Court of Madhya Pradesh upheld the conviction of the appellant under Section 376 IPC for the rape of a minor, affirming the trial court's finding that the victim was 14 years old at the time of the incident. The court noted that the presence of human sperm in the victim's clothing and the medical evidence regarding her age were critical in establishing the offence. The High Court confirmed the sentence of seven years rigorous imprisonment and a fine of Rs. 500, emphasizing that consent is irrelevant in cases involving minors under the IPC.

Kailash @ Tanti Banjara vs State Of M.P · Niyam