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january 2024

Supreme Court of India · 2024-01-09

Suresh Garodia vs The State Of Assam

Court
Supreme Court of India
Petitioner
Suresh Garodia
Respondent
The State Of Assam
Author
B.R. Gavai
Bench
B.R. Gavai

Judgment text excerpt

The Supreme Court upheld the dismissal of the appellant's application under Section 482 Cr.P.C. for quashing criminal proceedings under Sections 376 and 506 IPC, emphasizing that the delay of 34 years in filing the FIR does not negate the validity of the allegations, especially given the prosecutrix's claim of being a minor at the time of the alleged offense. The Court reiterated that the prima facie statement of the prosecutrix must be taken at face value, and the order of cognizance by the Magistrate was deemed sustainable. The appeal was dismissed, affirming the lower court's decision.

Suresh Garodia vs The State Of Assam · Niyam