Supreme Court of India
Datta v. State of Maharashtra
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From the headnote
Penal Code, 1860: s.376 - Rape of a child of 10-12 years-Acquittal by trial court- Conviction by High Court with 7 years RI- Held: The High Court has given a positive finding that the statement of . c the prosecutrix and her mother, clearly spelt out a case of rape andthat as she was merely a child of 10~12 years of age, there 0 was no reason whatsoever as to why she would tell a lie '- The High Court has a/so observed that the trial court appeared to have misread the evidence of the doctor inasmuch as the evidence read as a whole c/ear/yrevea/ed that there had been partial penetration of the
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