Supreme Court of India

State of Himachal Pradesh v. Shree Kant Shekari

Neutral citation
Reported as [2004] SUPP. 4 S.C.R. 380
Bench Arijit Pasayat and Prakash Prabhakar Naolekar JJ.
Decided 13 September 2004

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

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

Where later benches applied it

Of those, 1 relied on · 1 referred to

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