SC upholds conviction of rapist of 11-yr-old girl


New Delhi, Dec 15: The Supreme Court of India has upheld the conviction of man for raping an 11-year old girl in 1997.
 The apex court passed the judgement while upholding the conviction of a man for raping an 11-year-old girl in 1997 despite there being no evidence of penetration.
 "The explanation to section 375 (rape) of IPC has been worded by the legislature so as to presume that if there was penetration, it would be sufficient to constitute sexual intercourse necessary for the offence of rape.
 "Penetration itself proves the offence of rape, but the contrary is not true that is even if there is no penetration, it does not necessarily mean that there is no rape," a bench of justices Swatanter Kumar and Gyan Sudha Misra said.
 "Penetration may not always result in tearing of the hymen and the same will always depend upon the facts and circumstances of a given case," the bench said.
 The apex court's judgement came while dismissing the appeal of Radhakrishna Nagesh, a ball boy at S V University tennis court in Tirupati, Andhra Pradesh in a 1997 rape case.
 In this case, the minor was lured by the convict on the pretext of purchasing gold colour plastic bangles for her.
 He then took her to the store room near the tennis court after he bought her the bangles. He then committed rape on her.
 The trial court had acquitted him in 1999 on the ground that there was no penetration and there were discrepancies in witness statement.
 The high court, however set aside the oder of the trial court, convicted the accused and sentenced him to ten year imprisonment for rape.
 Nagesh then approached the apex court which dismissed his appeal and pulled up the trial court for acquitting him.
 "The court must examine the evidence of the prosecution in its entirety and then see its cumulative effect to determine whether the offence of rape has been committed or it is a case of criminal sexual assault or criminal assault outraging the modesty of a girl," the apex court said.
 "In our considered opinion, the trial court has failed to appreciate the evidence on record cumulatively and in its correct perspective by ignoring the material piece of evidence and improper appreciation of evidence. It has recorded findings which are on the face of it unsustainable. This error was rightly corrected by the high court, and we see no reason to interfere with the judgement of conviction recorded by the high court," the bench said.

Lastupdate on : Sat, 15 Dec 2012 21:30:00 Makkah time
Lastupdate on : Sat, 15 Dec 2012 18:30:00 GMT
Lastupdate on : Sun, 16 Dec 2012 00:00:00 IST

  • StumbleUpon
  • Digg
  • TwitThis
  • Mixx
  • Technorati
  • Facebook
  • NewsVine
  • Reddit
  • Google
  • LinkedIn
  • YahooMyWeb
  • Print News

Enter the Security code exactly as you see it in the image security code is CaSe SeNsItIvE(Cookies must be enabled)

  • Kashmir

Unregistered medical shops, nursing homes in dock


Srinagar, Dec 15:  Jammu and Kashmir High Court has directed Secretary Health and Medical Education, Deputy Commissioners and Senior Superintendents of Police (SSPs) of all districts of the state More

  • Srinagar City


Organizes mega musical show, selects Big Radio Star RJ


Srinagar, Dec 15: Popular private entertainment radio channel 92.7 Big FM on Saturday completed its six years of operation in Kashmir. To commemorate its sixth anniversary, the 92.7 Big FM organized More

  • Jammu

Home Department orders promotions in prosecution wing


Jammu, Dec 15:  Home Department today ordered promotions of around 37 officers of police prosecuting wing. As per the orders three Deputy Directors have been promoted as Joint Director, 5 Chief More

  • World

Divided Egypt votes on proposed new constitution


Cairo, Dec 15: Egyptians today began voting on a referendum on proposed constitution that has divided the country, with President Muhammed Mursi and his Islamist supporters backing it, while liberals, More

  • GK Features

Listening to Nabza Bano

Nabza Bano lost her three sons and her home to the conflict.



Sixty-five-year-old Nabza Bano stands near a small cornfield where her three-storey house once stood in Sundbrari village, Kokernag in south Kashmir, about 85kms from Srinagar. Lost in a melancholic silence More

Designed Developed and Maintaned By Imobisoft Ltd /Algosol Software Solutions