VidhiSangh

Supreme Court of India · 29/08/2018

STATE OF MADHYA PRADESH versus PREETAM

[2018] 10 S.C.R. 627 · 2018 INSC 757

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Summary

The Supreme Court reversed an acquittal and restored a rape conviction, rejecting the inference of consent from absence of external injuries. The victim’s testimony was corroborated, school records proved her age, and the reporting delay was explained. Applying the law governing the 1993 offence, the Court held consent immaterial because she was under sixteen. It reduced imprisonment from seven to four years under the then-existing sentencing proviso.

Issues

  1. Whether absence of external injuries and delay justified acquittal despite the victim’s testimony and corroboration.
  2. How the victim’s age and the pre-2013 law affected consent and sentence.

Provisions considered

Held

Result

State’s appeal allowed; Section 376 conviction restored, imprisonment reduced from seven to four years under the then-applicable proviso. Surrender within four weeks if any part of that term remained unserved.

Judgment PDF: Supreme Court of India, [2018] 10 S.C.R. 627.