STATE OF HIMACHAL PRADESH versus MANGO RAM

STATE OF HIMACHAL PRADESH versus MANGO RAM

The oral and medical evidence establish prosecutrix was about 14 years old, resisted sexual act, and did not consent; accused was guilty under Section 376 IPC, and earlier acquittals were based on faulty appreciation of evidence.

Parties
Appellant: State of Himachal Pradesh; Respondent: Mango Ram
Jurisdiction
India
Judgment Date
24 August 2000
Procedural Posture
Criminal Appeal / Supreme Court Appeal Against High Court Acquittal
Outcome
Conviction under Section 376 IPC, sentence already undergone considered sufficient, appeal disposed.
Legal Topics
Rape, Consent, Minor, Appreciation of Evidence, Penal Code
Criminal Law Rape Consent Minor Appreciation of Evidence Penal Code

Case Brief

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Parties

State of Himachal Pradesh

Appellant

Mango Ram

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal Against High Court Acquittal

Legal Issues

  1. 1 Whether the accused committed rape on the prosecutrix
  2. 2 Whether the prosecutrix was below 16 years of age
  3. 3 Whether there was consent for the sexual act

Ratio Decidendi

The oral and medical evidence establish prosecutrix was about 14 years old, resisted sexual act, and did not consent; accused was guilty under Section 376 IPC, and earlier acquittals were based on faulty appreciation of evidence.

Court Disposition

Conviction under Section 376 IPC, sentence already undergone considered sufficient, appeal disposed.

Orders

  • Finding of Sessions Judge and High Court reversed.
  • Accused held guilty of offence under Section 376 IPC.