Supreme Court of India
Raju Pandurang Mahale v. State of Maharashtra and Anr.
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.
5 Supreme Court benches have cited this judgment.
What the Court ordered
Looked at from any angle the conclusions of the Trial Court and the High Court in convicting the appellant do not suffer from any infirmity to warrant interference in exercise of the powers under Article 136 of the Constitution of India, 1950. The sentences imposed by no stretch of imagination can be said to be on the higher side. On the contrary, backgrounds facts of the case show that lenient sentences were imposed. The appeal fails being without merit.
Judgment, p. 296
From the headnote
Indian Penal Code, 1860: Sections 342/34 and 354/34-Wrongful confinement and assault or criminal force on woman with intent to outrage her modesty-Prosecutrix taken to house of one of the accused on false pretext by appellant in the night of occurrence-Appellant and another accused assaulted prosecutrix and made her to consume liquor-Prosecutrix forcibly disrobed and thereafter raped by one of the accused in the presence of appellant-She was able to come out of the confinement on the next day-Held, the factual scenario clearly establishes commission by the appellant of the offences punishable under Sections 342 and 354-Further, Section 34 has rightly been pressed into service.
Authorities it was built on
- 1972 Shyam Lal Sharma, Etc. v. State of Madhya Pradesh
- State of Punjab v. Major Singh
- 1995 Rupan Deol Bajaj and Anr. v. Kanwar Pal Singh Gill and Anr.
- Rex v. James Llyod
- Ch. Pulla Reddy and Ors. v. State of Andhra Pradesh
Where later benches applied it
- 2019 Asif Khan v. State of Maharashtra & Anr.
- 2013 Ajahar Ali v. State of West Bengal
- 2025 Naresh Aneja @ Naresh Kumar Aneja v. The State of Uttar Pradesh
- 2007 Ramkripal S/o Shyamlal Charmakar v. State of Madhya Pradesh
- 2006 Tarakeshwar Sahu v. State of Bihar (now Jharkhand)
Of those, 2 referred to · 3 mentioned
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