Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
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Criminal Law
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Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
Judgement Subject Index/Important Decision/Topic

ILC-2012-SC-CRL-Jul-11

O.M. Baby (Dead) by Lrs. Vs. State of Kerala

Head Note

Indian Penal Code,1860  - Section 376

Rape case - Prosecutrix coming from rural area - The court must keep in mind that in the contest of the values prevailing in the country, particularly in rural India, it would be unusual for a woman to come up with a false story of being a victim of sexual assault so as to implicate an innocent person.

Indian Penal Code,1860  - Section 376

Rape on prosecutrix aged 12 years by putting her under fear of death - The testimony of the victim cannot be ignored, unless the inconsistencies or contradictions are sufficiently serious to warrant such a course of action - Inconsistencies on minor aspects do not affect the core of case - Absence of injuries or mark of violence on the person of the prosecutrix may not be decisive, particularly, in a situation where the victim did not offer any resistance on account of threat or fear meted out to her. 1972(2) SCC 749, relied.

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