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january 2024

Supreme Court of India · 2024-01-09

SURESH GARODIA vs THE STATE OF ASSAM

Citation / case number
SC 2022/30225
Court
Supreme Court of India
Petitioner
SURESH GARODIA
Respondent
THE STATE OF ASSAM
Author
B.R. GAVAI
Bench
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE 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, affirming that the delay of 34 years in filing the FIR does not negate the prosecutrix's claims, especially given her status as a minor at the time of the alleged offense. The Court emphasized that the statement of the prosecutrix must be taken at face value for the purpose of cognizance. The appeal was dismissed, maintaining the lower court's order for taking cognizance of the case.

SURESH GARODIA vs THE STATE OF ASSAM · Niyam