Seelan @ Jeyaseelan vs The Inspector of Police

Court

Supreme Court of India

Date

16 December 2020

Case No.

CRIMINAL APPEAL No. 4206/2020

Result

Dismissed

Bench

R.F. Nariman, Navin Sinha, K.M. Joseph

Citation

[2020] 13 S.C.R. 1235 : 2020 INSC 703

Headnote

Penal Code, 1860: s.376(2) - Plea of petitioner that the charge was under s.376(1) and not under s.376(2) - On facts, charge was framed under s.376 which would include s.376(2) - There was concurrent finding of fact that the victim who was only six year old was raped by the petitioner - The evidence of victim and her mother who was eye witness to the incident was on record - Special leave petition dismissed.

The Order of the Court was passed by R. F. NARIMAN, J. 1. Our order dated 04.12.2020, records: “Having heard Mr. R. Basant, learned Senior Advocate appearing for the petitioner for some time, when the Court pointed out that under Section 376(2)(f) the minimum punishment is 10 years, Mr. Basant pointed out that the charge was only under Section 376(1) and not under Section 376(2). This being the case, we allow Mr. Basant to produce the order where charges have been framed. List after one week.” 2. We have since perused the charges that have been framed. The charge was not only under Secti

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