Crl.A. No. 001138 / 2011
BADRUBHAI BAVKUBHAT DARIYA vs STATE OF GUJARAT
Status
DISPOSED
Order Date
03-09-2014
Filed On
30-03-2011 02:21 PM
casestatus.in Summary
Concurrent findings of conviction by the trial court and High Court under Sections 363, 366, and 376 IPC are ordinarily not interfered with by the Supreme Court, and voluntary cohabitation by the prosecutrix does not by itself constitute consent negating the offence of rape. However, under the proviso to Section 376 IPC, appellate courts retain discretionary power to reduce sentence in appropriate cases where substantial imprisonment has already been undergone. This analysis is brought to you by casestatus.in.