Welcome back to Caseon!
Log in today and discover expertly curated legal audios and how our AI-powered, tailor-made responses can empower you to navigate the complexities of your case.
Stay ahead of the curve—don’t miss out on the insights that could transform your legal practice!
As per case facts, a minor victim (13 years old) was allegedly abducted and raped multiple times by a neighbor. The victim reported the incident to her mother, leading to
...an FIR and the appellant's arrest. The Trial Court convicted the appellant for life imprisonment. The appellant appealed, challenging the conviction on merits and citing a procedural defect where the charge was framed under a deleted IPC section, while sentencing occurred under a different provision. The question arose whether the procedural error caused prejudice to the appellant and if the conviction on merits was sustainable. Finally, the High Court upheld the conviction on merits, finding the victim's testimony credible. It determined that the procedural error in charge framing did not cause prejudice, as the appellant was aware of the actual offense and the maximum punishments under the deleted and current sections were similar. The Court altered the conviction to the correct IPC section and maintained the life sentence.
Legal Notes
Add a Note....