Supreme Court of India
State of U.P. v. Munshi
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2 Supreme Court benches have cited this judgment.
From the headnote
Penal Code, 1860; Ss. 363, 366 and 376: " Rape - Conviction - Accused acquitted by High Court c on ground that prosecutrix was a consenting party and no reliable evidence available on record to show commission of rape by the accused - Correctness of - Held: In absence of reasons in the judgment, appellate Court cannot perform their function properly/exercise power of judicial review - Absence p of reasons rendered the judgment of the High Court not ..-+- sustainable - Moreover, even assuming that prosecutrix previously accustomed to sexual intercourse, she has a right to refuse to submit
Where later benches applied it
Of those, 1 relied on · 1 referred to
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