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Supreme Court of India 2018-08-29 allowed

State of Madhya Pradesh vs Preetam

Bench: 2 — R. Banumathi

In Brief

In 1993, a 12-year-old girl was allegedly raped by the respondent in Madhya Pradesh. The trial court convicted him under Section 376 IPC and imposed seven years' imprisonment. On appeal, the High Court acquitted him, citing the absence of external injuries and delay in FIR registration. The Supreme Court reversed the acquittal, holding that school records established the victim was 12 years old, making her consent irrelevant under Section 375(Sixth) IPC. Absence of external injury does not negate rape when medical evidence shows internal injury and the victim's testimony is corroborated. The FIR delay was adequately explained. The conviction was restored; the sentence was reduced from seven to four years given the 25-year lapse since the offence.

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