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Supreme Court of India 2016-12-15 allowed

State of Himachal Pradesh vs Sanjay Kumar @ Sunny

Bench: 2 — A.K. Sikri

In Brief

A nine-year-old girl was repeatedly raped by her uncle at her grandparents' home during school holidays in December 2009, threatened to silence. She disclosed the abuse to her mother in September 2012 after medical consultation for stomach ache. The trial court convicted the uncle under IPC Sections 376(2)(f) and 506, but the High Court acquitted him, citing delay in reporting and the unlikelihood of abuse in a joint family home. The Supreme Court reversed the acquittal, holding the child's credible testimony supported by medical evidence sufficient for conviction despite the three-year delay, which was explained by the child's age, threats, and social stigma around incestuous abuse. The respondent was sentenced to 12 years imprisonment and a fine of Rs. 50,000.

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Criminal Law Sexual Offences Child Rape Evidence Victim Testimony Medical Evidence

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