RAJENDRA DATTA ZAREKAR versus STATE OF GOA

RAJENDRA DATTA ZAREKAR versus STATE OF GOA

Partial penetration or even attempt at penetration suffices for conviction of rape. There were no adequate and special reasons for reducing statutory minimum sentence. Evidence established the case against the accused beyond any shadow of doubt.

Parties
Appellant: Rajendradaita Zarekar; Respondent: State of Goa
Jurisdiction
India
Judgment Date
04 December 2007
Procedural Posture
Criminal Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed.
Legal Topics
Rape, Sexual Offences Against Minors, Sentencing, False Implication
Criminal Law Rape Sexual Offences Against Minors Sentencing False Implication

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Parties

Rajendradaita Zarekar

Appellant

State of Goa

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether conviction for rape under Section 376(2)(f) IPC is valid where the hymen of prosecutrix is intact
  2. 2 Whether there are adequate and special reasons for reducing sentence below statutory minimum for rape of minor

Ratio Decidendi

Partial penetration or even attempt at penetration suffices for conviction of rape. There were no adequate and special reasons for reducing statutory minimum sentence. Evidence established the case against the accused beyond any shadow of doubt.

Court Disposition

Appeal dismissed.

Orders

  • Fine under Section 376(2)(f) IPC reduced to Rs.1,000/-.
  • Fine under Section 342 IPC set aside.