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december 2017

Supreme Court of India · 2017-12-08

Asharfi vs The State Of Uttar Pradesh

Citation / case number
AIR 2017 SUPREME COURT 5819
Court
Supreme Court of India
Petitioner
Asharfi
Respondent
The State Of Uttar Pradesh
Author
R. Banumathi
Bench
R. Banumathi, Ranjan Gogoi

Judgment text excerpt

The Supreme Court upheld the conviction of the appellant under Sections 376(2)(g) IPC and 3(2)(v) of the SC/ST Prevention of Atrocities Act, affirming the trial court's findings based on the testimonies of the victim and witnesses. The Court noted that the evidence substantiated the charge of rape, leading to a ten-year sentence under IPC and life imprisonment under the SC/ST Act. The judgment clarified the interpretation of Section 3(2)(v) post-amendment, emphasizing the necessity of proving the accused's knowledge of the victim's caste status for conviction under the SC/ST Act.

Asharfi vs The State Of Uttar Pradesh · Niyam