Supreme Court of India
State of Himachal Pradesh v. Shree Kant Shekari
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What the Court ordered
In view of the above, conclusions of the High Court are not to be sustained.
Judgment, page 9
From the headnote
c Penal Code, 1860-Sections 376 & 506-Rape of student by teacher Victim became pregnant-Placing reliance on her evidence, Trial Court convicted the accused-But High Court acquitted him-Appeal against the acquittal-On appeal, Held: Question of consent of the victim was inconsequential as documentary evidence proved that on date of occurrence and even when FIR was lodged, victim was only about 14 years of age-High Court erred in putting burden on the victim to show that there was no consent-Plea of consent was not taken by accused in defence-High Court also erred in making hypothetical
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