Supreme Court of India
Mohan Lal & Anr v. State of Punjab
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What the Court ordered
Held as under:- • ... ... Seeking corroboration of her statement before relying upon the same, as a rule, in such cases amounts to adding insult to injury.
Judgment, page 13
From the headnote
Penal Code, 1860- s.376(2)(b, (g) and 366- Gang rape - Of student - By teachers - Convicted by courts below u/ c s.3762)(g) and 366 and sentenced to 10 years RI and fine - Held: Accused rightly convicted - Since the accused were public servants and the prosecutrix being a student in their custody, provisions of s.376(2)(b) are also applicable - There being fiduciary relationship between the accused and the 0 prosecutrix, provisions of s.114- of Evidence Act are attracted - Thus there is presumption against any consent by the prosecutrix and the accused have not rebutted that presumption -
Authorities it was built on
- 1978 Maneka Gandhi v. Union of India
- 1991 Abdul Rehman Antulay Etc. Etc. v. R.S. Nayak and Anr. Etc. Etc.
- 2002 Mohd. Khalid v. State of West Bengal
- 2010 Vijay @ Chinee v. State of Madhya Pradesh
- 1984 Lt. Col. S. J. Chaudhary v. State (delhi Administration)
- 2001 State of U.P. v. Shambhu Nath Singh and Ors.
- 2008 Rajoo & Ors. v. State of M.p
- 2009 Vakil Prasad Singh v. State of Bihar
- 2001 N.G. Dastane v. Shrikant S. Shivde and Anr.
- 1996 Avinash Nagra v. Navodaya Vidyalaya Samiti Etc.
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