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august 2018

Supreme Court of India · 2018-08-29

The State Of Madhya Pradesh vs Preetam

Citation / case number
AIR 2018 SUPREME COURT 4212
Court
Supreme Court of India
Petitioner
The State Of Madhya Pradesh
Respondent
Preetam
Author
R. Banumathi
Bench
Vineet Saran, R. Banumathi

Judgment text excerpt

The Supreme Court reinstated the conviction under Section 376 IPC for the respondent-accused, who was initially acquitted by the High Court. The Court emphasized that the absence of external injuries on the prosecutrix does not negate the possibility of forcible rape, citing B.C. Deva alias Dyava v. State of Karnataka, (2007) 12 SCC 122, which affirms that the oral testimony of the victim is crucial. The Court held that the evidence presented, including medical findings and eyewitness accounts, sufficiently supported the conviction, overturning the High Court's decision.

The State Of Madhya Pradesh vs Preetam · Niyam