ROOP SINGH versus STATE OF MADHYA PRADESH
The evidence clearly established that the complainant was not a willing party to the sexual intercourse committed by the accused. There is no proof that she voluntarily participated after fully exercising her choice in favour of assent. There is also no evidence to support the appellant's claim of false implication due to a land dispute.
- Parties
- Appellant: Roop Singh; Respondent: State of Madhya Pradesh
- Jurisdiction
- India
- Judgment Date
- 18 June 2013
- Procedural Posture
- Criminal Appeal / Appeal Dismissed by Supreme Court
- Outcome
- Appeal dismissed
- Legal Topics
- Rape, Consent, False Implication, House Trespass
Case Brief
Summary, issues, holding and outcome
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Parties
Roop Singh
Appellant
State of Madhya Pradesh
Respondent
Procedural Posture
Criminal Appeal / Appeal Dismissed by Supreme Court
Legal Issues
- 1 Whether the complainant had given consent to sexual intercourse.
- 2 Whether the accused was falsely implicated due to a land dispute.
Ratio Decidendi
The evidence clearly established that the complainant was not a willing party to the sexual intercourse committed by the accused. There is no proof that she voluntarily participated after fully exercising her choice in favour of assent. There is also no evidence to support the appellant's claim of false implication due to a land dispute.
Court Disposition
Appeal dismissed
Orders
- Conviction and sentence under Sections 376 and 450 IPC upheld
- Appeal by Roop Singh is dismissed
Full Case Text
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