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april 2013

Supreme Court of India · 2013-04-09

KAILASH @ TANTI BANJARA vs STATE OF M.P.

Citation / case number
SC 2010/720
Court
Supreme Court of India
Petitioner
KAILASH @ TANTI BANJARA
Respondent
STATE OF M.P.
Author
FAKKIR MOHAMED IBRAHIM KALIFULLA B.S. CHAUHAN
Bench
FAKKIR MOHAMED IBRAHIM KALIFULLA B.S. CHAUHAN

Judgment text excerpt

The Supreme Court upheld the conviction of the appellant under Section 376 IPC for the crime of rape, confirming the seven-year rigorous imprisonment sentence imposed by the High Court. The Court found that the evidence, including the FSL report indicating the presence of human sperm, established the occurrence of non-consensual sexual intercourse. The Court rejected the appellant's claim of consent, affirming the trial court's findings based on the victim's testimony and medical evidence regarding her age and the circumstances of the crime.

KAILASH @ TANTI BANJARA vs STATE OF M.P. · Niyam