STATE OF MADHYA PRADESH versus PREETAM

STATE OF MADHYA PRADESH versus PREETAM

The prosecutrix, aged 12 years, was incapable of consenting as per s.375 IPC; oral testimony supported by medical and eyewitness evidence sufficed for conviction; delay in FIR was properly explained; sentence reduced due to passage of time and judicial discretion under s.376(1) IPC (pre-2013 amendment).

Parties
Appellant: State of Madhya Pradesh; Respondent: Preetam
Jurisdiction
India
Judgment Date
29 August 2018
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeal Against High Court Acquittal
Outcome
Appeal allowed; conviction restored; sentence modified
Legal Topics
Rape, Consent, Age Determination, Evidence Appreciation, Sentencing Discretion
Criminal Law Rape Consent Age Determination Evidence Appreciation Sentencing Discretion

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Parties

State of Madhya Pradesh

Appellant

Preetam

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeal Against High Court Acquittal

Legal Issues

  1. 1 Whether the reversal of conviction by the High Court was justified
  2. 2 Whether absence of external injuries implies consent
  3. 3 Whether school records can be relied for victim’s age

Ratio Decidendi

The prosecutrix, aged 12 years, was incapable of consenting as per s.375 IPC; oral testimony supported by medical and eyewitness evidence sufficed for conviction; delay in FIR was properly explained; sentence reduced due to passage of time and judicial discretion under s.376(1) IPC (pre-2013 amendment).

Court Disposition

Appeal allowed; conviction restored; sentence modified

Orders

  • Conviction of respondent under Section 376 IPC as passed by trial court restored
  • Sentence reduced from seven years to four years imprisonment