Thursday, 22 November 2012

Kidnapping and rape

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Indian Penal Code, 1860, Section 363, 376 -- Kidnapping and rape - Accused committed rape on victim girl aged 9 years after kidnapping her from place where she was playing - Statement of victim girl secured corroboration from evidence of other witnesses as well as by medical evidence and hence reliable and worthy of credence - Held, conviction of accused under sections 363, 366 and 376 proper - However, no material or record to show that victim was member of ST or SC and conviction of accused u/s 3(1)(x) of SC & ST Act not sustainable and hence set aside

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