Supreme Court of India

Deelip Singh @ Dilip Kumar v. State of Bihar

Neutral citation
Reported as [2004] SUPP. 5 S.C.R. 909
Decided 3 November 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.

10 Supreme Court benches have cited this judgment.

What the Court ordered

In the result, the conviction and sentence is set aside and the appeal is E allowed.

Judgment, page 21

From the headnote

Penal Code, I 860: Section 375, clause sixth- 'With or without her consent, when she is under I 6 years of age '-Invocation of-Held: Finding that victim girl less than I6 years on the date of first sexual intercourse not sustainable-Hence, clause sixth not atlracted Section 375, clause first-Sexual intercourse with victim girl 'against her wi/l'-Version of victim in court at variance with her version in FIR and as such improbable-Hence, cannot be said that victim subject to rape 'against her will'. Section 375, Clause second and section 376-Rape-Commission of­ Inducement to enter into sexual

Where later benches applied it

Of those, 4 relied on · 2 referred to · 3 mentioned · 1 not applicable

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