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Supreme Court of India 2018-08-29 allowed

State of Madhya Pradesh vs Preetam

Bench: 2 — R. Banumathi

In Brief

A woman accused of consenting to rape because she had no external injuries was acquitted by the High Court. The Supreme Court reversed this, holding that absence of injury cannot prove consent, especially when the victim is a minor. The Court restored the trial court's conviction under Section 376 IPC, reduced the sentence from seven to four years, noting the 25-year delay since the 1993 incident and applying the discretion available under the law at that time. School records proving the victim was 12 years old at the time made her consent legally irrelevant.

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