AMAR BAHADUR SINGH versus STATE OF U.P.

AMAR BAHADUR SINGH versus STATE OF U.P.

The Supreme Court found that given the circumstances, rape in the presence of several family members in a small house was implausible; the High Court's observation that the prosecutrix was a consenting party was correct. The conviction was set aside and the appellant acquitted.

Parties
Appellant: Amar Bahadur Singh; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
25 January 2011
Procedural Posture
Criminal Appeal / Supreme Court Review of High Court Judgment
Outcome
conviction set aside; acquittal
Legal Topics
Rape, Consent, Conviction, Sentence Reduction
Criminal Law Rape Consent Conviction Sentence Reduction

Case Brief

Summary, issues, holding and outcome

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Parties

Amar Bahadur Singh

Appellant

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Review of High Court Judgment

Legal Issues

  1. 1 Whether the conviction under section 376 IPC for rape was sustainable given the circumstances of the case
  2. 2 Whether the prosecutrix was a consenting party

Ratio Decidendi

The Supreme Court found that given the circumstances, rape in the presence of several family members in a small house was implausible; the High Court's observation that the prosecutrix was a consenting party was correct. The conviction was set aside and the appellant acquitted.

Court Disposition

conviction set aside; acquittal

Orders

  • Appeal allowed
  • Conviction of appellant set aside