Supreme Court of India
Abbas Ahmad Choudhary v. State of Assam
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.
What the Court ordered
We are of the opinion that in the light of the fact that the prosecutrix was 13- 15 years of age at the time of the incident, the consent, if any, G can be inferred from the circumstances, would become meaningless.
Judgment, page 3
From the headnote
Penal Code, 1860: ss. 376134 and 336134 - Evidence of prosecutrix - Out c of three accused fw(J convicted and sentenced as the third remained absconding - Appeal of convicts dismissed by High Court - HELD: In a matter of rape, though statement of prosecutrix must be given primary consideration, but at the same time the broad principle that the prosecution has to prove its case beyond reasonable doubt applies equally to a case of rape and there can be no presumption that a prosecutrix would always tell the entire story truthfully - Prosecutrix in her earlier statement has not attributed the
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