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july 2013

Supreme Court of India · 2013-07-24

KAILASH vs STATE OF M.P.

Citation / case number
SC 2007/23014
Court
Supreme Court of India
Petitioner
KAILASH
Respondent
STATE OF M.P.
Author
FAKKIR MOHAMED IBRAHIM KALIFULLA
Bench
FAKKIR MOHAMED IBRAHIM KALIFULLA A.K. PATNAIK

Judgment text excerpt

The Supreme Court upheld the conviction of the appellant under Section 376(1) IPC for the rape of a minor, affirming the trial court's finding that the evidence presented, including the postmortem report, established the occurrence of rape despite the acquittal under Section 306 IPC. The Court emphasized the importance of corroborative evidence from eyewitness PW-5 and the medical evidence indicating sexual assault. The sentence of 10 years rigorous imprisonment was maintained, highlighting the seriousness of offenses against minors under the IPC.

KAILASH vs STATE OF M.P. · Niyam