VISHNU@ UNDRYA versus STATE OF MAHARASHTRA

VISHNU@ UNDRYA versus STATE OF MAHARASHTRA

Where evidence of parents and contemporaneous documents prove the prosecutrix’s age as under 16, expert opinion by ossification test carries little weight. The unimpeachable testimony of the prosecutrix, if credible, suffices for conviction for rape under Section 376 IPC.

Parties
Appellant/accused: Vishnu @ Undrya; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
24 November 2005
Procedural Posture
Criminal Appeal / Supreme Court: Appeal From Conviction and Sentence Enhancement by Bombay High Court
Outcome
Appeal dismissed; conviction and enhanced sentence upheld.
Legal Topics
Rape, Determination of Age, Evidentiary Value of Prosecutrix's Testimony
Criminal Law Rape Determination of Age Evidentiary Value of Prosecutrix's Testimony

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Parties

Vishnu @ Undrya

Appellant/accused

State of Maharashtra

Respondent

Procedural Posture

Criminal Appeal / Supreme Court: Appeal From Conviction and Sentence Enhancement by Bombay High Court

Legal Issues

  1. 1 Whether the age of the prosecutrix was below 16 years at the time of offence.
  2. 2 Whether conviction can be sustained on sole testimony of prosecutrix.

Ratio Decidendi

Where evidence of parents and contemporaneous documents prove the prosecutrix’s age as under 16, expert opinion by ossification test carries little weight. The unimpeachable testimony of the prosecutrix, if credible, suffices for conviction for rape under Section 376 IPC.

Court Disposition

Appeal dismissed; conviction and enhanced sentence upheld.

Orders

  • The appellant’s bail bonds and surety are cancelled.
  • Appellant to be taken into custody forthwith to serve remaining sentence.