STATE OF RAJASTHAN Vs. OM PRAKASH
LAWS(SC)-2002-5-56
SUPREME COURT OF INDIA
Decided on May 03,2002

STATE OF RAJASTHAN Appellant
VERSUS
OM PRAKASH Respondents





Cited Judgements :-

VALLABHBHAI AVSARBHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2002-12-4] [REFERRED TO]
DHAUNKAL VS. STATE OF U. P. [LAWS(ALL)-2024-3-94] [REFERRED TO]
MUKTU TANTI VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-1-101] [REFERRED TO]
STATE OF H P VS. SURESH KUMAR ALIAS DC [LAWS(SC)-2009-5-198] [REFERRED TO]
STATE OF MAHARASHTRA VS. HEMA [LAWS(SC)-2002-11-125] [REFERRED TO]
KANCHANPRASAD KASHIPRASAD SHAH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2003-9-14] [REFERRED TO]
STATE VS. P.D.D. [LAWS(DLH)-2024-5-33] [REFERRED TO]
RAJA VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-11-28] [REFERRED TO]
RUPESH PARSHURAM FULARE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-6-284] [REFERRED TO]
MANOHAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2024-8-58] [REFERRED TO]
RAJESH MURLIDHAR LONBALE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2024-7-127] [REFERRED TO]
STATE OF NCT OF DELHI VS. GAURAV [LAWS(DLH)-2018-5-700] [REFERRED TO]
LAXMAN VS. STATE (NCT OF DELHI) [LAWS(DLH)-2020-12-126] [REFERRED TO]
NAGINA DEVI VS. STATE OF UP [LAWS(ALL)-2010-7-137] [REFERRED TO]
RAJESH KUMAR GUPTA VS. STATE OF U.P. [LAWS(ALL)-2019-2-298] [REFERRED TO]
KAMLESH VS. STATE OF U. P. [LAWS(ALL)-2022-3-193] [REFERRED TO]
SAJID ALIAS SADIKKA ANWARKHA PATHAN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2009-9-115] [REFERRED TO]
MANOHAR LAL VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-5-22] [REFERRED TO]
RANJANA PATHAK VS. STATE [LAWS(BOM)-2014-1-270] [REFERRED TO]
SURAJ YADAV VS. STATE OF CHHATTISGARH [LAWS(CHH)-2024-4-65] [REFERRED TO]
JASPAL SINGH S/O SH. KEHAR SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-6-72] [REFERRED TO]
THARLIANA VS. STATE OF MIZORAM [LAWS(GAU)-2002-9-27] [REFERRED TO]
RAHIZUDDIN VS. STATE OF ASSAM [LAWS(GAU)-2003-5-9] [REFERRED TO]
ZOSANGLIANA VS. STATE OF MIZORAM [LAWS(GAU)-2004-12-38] [REFERRED TO]
DIGAMBER VAISHNAV AND ANOTHER VS. STATE OF CHHATTISGARH [LAWS(SC)-2019-3-27] [REFERRED TO]
JOYNUL HOQUE BARBHUIYA VS. STATE OF ASSAM [LAWS(GAU)-2023-10-14] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. PARVEEN KUMAR [LAWS(HPH)-2014-12-44] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. DIPENDER SHARMA [LAWS(HPH)-2014-8-166] [REFERRED]
ISLAM VS. STATE OF HARYANA [LAWS(P&H)-2003-8-55] [REFERRED TO]
MINTU MANJHI, S/O - BIR BHAJAN MANJHI VS. STATE OF BIHAR [LAWS(PAT)-2017-10-68] [REFERRED TO]
KASHISH BATRA VS. STATE [LAWS(DLH)-2021-4-50] [REFERRED TO]
RAVINDER VS. STATE [LAWS(DLH)-2022-1-7] [REFERRED TO]
IN MATTER OF ROHIT VS. STATE [LAWS(DLH)-2020-7-43] [REFERRED TO]
STATE THROUGH NCT OF DELHI VS. SURENDER KUMAR @PAPPEY [LAWS(DLH)-2019-12-192] [REFERRED TO]
BHAU VALVE VS. STATE [LAWS(BOM)-2010-7-156] [REFERRED TO]
HANUMANTA ALIAS MUTU HARIJAN VS. STATE OF GOA [LAWS(BOM)-2010-8-144] [REFERRED TO]
VASANTA S/O. VIJAY REHPADE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2024-6-147] [REFERRED TO]
SHAM TIMANNA GAIKWAD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-5-135] [REFERRED TO]
MOINUL HAQUE VS. STATE OF ASSAM [LAWS(GAU)-2004-9-15] [REFERRED TO]
STATE OF TRIPURA VS. MD ALFU MIAH [LAWS(GAU)-2012-6-44] [REFERRED TO]
RAJESH SHARMA VS. STATE [LAWS(DLH)-2012-1-450] [REFERRED TO]
MEWA LAL VS. STATE [LAWS(ALL)-2017-10-12] [REFERRED TO]
SINGH BIR SUBBA, S/O AITA RAM SUBBA VS. STATE OF SIKKIM [LAWS(SIK)-2016-9-4] [REFERRED]
BHUPEN KALITA VS. STATE OF ASSAM [LAWS(GAU)-2020-6-51] [REFERRED TO]
ARUN TANTI VS. STATE OF ASSAM [LAWS(GAU)-2018-6-154] [REFERRED TO]
SANJU GHARAI VS. STATE (NCT OF DELHI) [LAWS(DLH)-2020-10-86] [REFERRED TO]
ANIL KUMAR VS. STATE [LAWS(DLH)-2019-11-222] [REFERRED TO]
STATE VS. AMAR PAL [LAWS(DLH)-2019-12-242] [REFERRED TO]
MOHD. AZIZUL VS. STATE [LAWS(DLH)-2022-8-123] [REFERRED TO]
KISHORE KUMAR VS. STATE [LAWS(DLH)-2023-5-134] [REFERRED TO]
NITIN PANDIT SAPKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-10-145] [REFERRED TO]
MANOHAR RUSTAM BUNDE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2004-6-63] [REFERRED TO]
State of H.P. VS. Suresh Kumar @ DC [LAWS(HPH)-2009-5-27] [REFERRED TO]
SHIVA ALIAS SHIVNARAYAN BHONDAPRASAD KESKAR ALIAS WARMA VS. STATE OF MAHARASTRA [LAWS(BOM)-2009-10-66] [REFERRED TO]
AJAY PAL VS. STATE [LAWS(DLH)-2003-11-108] [REFERRED]
ISMAIL KALUBHAI GHARASIA VS. STATE OF GUJARAT [LAWS(GJH)-2004-9-74] [REFERRED TO]
SIRISH DAS VS. STATE OF ASSAM [LAWS(GAU)-2023-8-66] [REFERRED TO]
HARISH CHAND ALIAS HARI CHAND VS. STATE OF DELHI ADMINISTRATION [LAWS(DLH)-2009-7-25] [REFERRED TO]
SATINDER SINGH VS. STATE OF DELHI [LAWS(DLH)-2006-12-90] [REFERRED TO]
ISWARBHAI SHANABHAI VASAVA VS. STATE OF GUJARAT [LAWS(GJH)-2014-11-113] [REFERRED TO]
MOHAMMADHUSSAIN MOHAMMAD LATIF IDRIESHI VS. STATE OF GUJARAT [LAWS(GJH)-2009-8-376] [REFERRED TO]
RAMPHAL VS. THE STATE OF HARYANA [LAWS(P&H)-2005-3-139] [REFERRED TO]
POONCHOLAI VS. STATE [LAWS(MAD)-2006-9-380] [REFERRED TO]
JOKHI VS. STATE OF M P [LAWS(MPH)-2004-2-45] [REFERRED TO]
MOTILAL GWAL VS. STATE OF M P [LAWS(MPH)-2009-1-10] [REFERRED TO]
NANDA VS. STATE OF M P [LAWS(MPH)-2009-7-70] [REFERRED TO]
STATE VS. SURENDER KUMAR @PAPPEY [LAWS(DLH)-2019-12-165] [REFERRED TO]
OM PRAKASH VS. STATE [LAWS(DLH)-2019-4-71] [REFERRED TO]
BHAIYYA S/O. VIJAY CHAKRE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2024-7-129] [REFERRED TO]
RAM KUMAR VS. STATE OF U P [LAWS(ALL)-2003-7-255] [REFERRED TO]
ORIENTAL INSURANCE CO LTD VS. MOTOR ACCIDENTS CLAIMS TRIBUNALS SEVENTH ADDITIONAL DIST JUDGE [LAWS(ALL)-2005-9-146] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. SANTOSH KUMAR [LAWS(HPH)-2016-8-205] [REFERRED TO]
PARSU RAM VS. STATE [LAWS(DLH)-2022-7-16] [REFERRED TO]
PARDEEP ALIAS SONU VS. STATE GOVT OF NCT OF DELHI [LAWS(DLH)-2011-3-142] [REFERRED TO]
RAKESH KUMAR VS. STATE [LAWS(DLH)-2006-12-209] [REFERRED]
MANKIRAI BOIPAI VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-1-115] [REFERRED TO]
AJIT SINGH VS. STATE OF HARYANA [LAWS(P&H)-2013-1-671] [REFERRED]
STATE OF HIMACHAL PRADESH VS. SANTOSH KUMAR AND ORS. [LAWS(HPH)-2015-9-88] [REFERRED TO]
RATANLAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2005-9-105] [REFERRED TO]
RABINDRA DEBBARMA VS. STATE OF TRIPURA [LAWS(TRIP)-2019-9-11] [REFERRED TO]
MD. ABU JALAL MIAH VS. STATE OF TRIPURA [LAWS(TRIP)-2019-7-16] [REFERRED TO]
DILIP BUNKAR VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2017-10-253] [REFERRED TO]
MOHD BASHARAT VS. STATE [LAWS(J&K)-2008-4-9] [REFERRED TO]
STATE OF KERALA VS. M AYOOB [LAWS(KER)-2004-8-8] [REFERRED TO]
BABLU ALIAS DILIP VS. STATE OF M P [LAWS(MPH)-2012-3-112] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. DIWAN CHAND [LAWS(HPH)-2015-7-6] [REFERRED TO]
PREM ALIAS BALLU VS. STATE OF HARYANA [LAWS(P&H)-2002-11-22] [REFERRED TO]
MALKIAT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2004-11-40] [REFERRED TO]
SURESH KUMAR VS. STATE OF HARYANA [LAWS(P&H)-2004-7-67] [REFERRED TO]
DIPAK KUMAR DAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2011-7-87] [REFERRED TO]
RAKESH VS. STATE (GNCT OF DELHI) [LAWS(DLH)-2021-8-86] [REFERRED TO]
SHASHI SHEKHAR THAKUR VS. STATE [LAWS(DLH)-2016-3-49] [REFERRED TO]
JITENDER SHARMA VS. STATE (NCT OF DELHI) [LAWS(DLH)-2019-4-160] [REFERRED TO]
SHRI DEBO KANTO BORUAH VS. THE STATE OF ASSAM AND OTHERS [LAWS(GAU)-2017-4-92] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. NANHA [LAWS(HPH)-2016-12-124] [REFERRED TO]
RAMESH SINGH VS. STATE OF CHHATTISGARH [LAWS(CHH)-2014-11-17] [REFERRED TO]
HAREN PATGIRI VS. STATE OF ASSAM [LAWS(GAU)-2007-8-83] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. SANJAY KUMAR @ SUNNY [LAWS(SC)-2016-12-27] [REFERRED TO]
NARAYAN DEBNATH VS. STATE OF TRIPURA [LAWS(TRIP)-2020-7-16] [REFERRED TO]
NAWABUDDIN VS. STATE OF UTTARAKHAND [LAWS(SC)-2022-2-26] [REFERRED TO]
PUTTI VINOD VS. STATE OF A. P. [LAWS(APH)-2022-2-4] [REFERRED TO]
KAMAKHYA ROY VS. STATE OF ASSAM [LAWS(GAU)-2017-8-154] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. RAM SINGH [LAWS(HPH)-2016-6-103] [REFERRED TO]
ROSHAN S/O PURUSHOTTAM VS. STATE OF MAHARASHTRA [LAWS(BOM)-2024-7-149] [REFERRED TO]
ROHIT VS. STATE [LAWS(DLH)-2020-7-164] [REFERRED TO]
MOHAN KUMAR VS. STATE [LAWS(DLH)-2021-9-15] [REFERRED TO]
SURENDER GUPTA VS. STATE (GOVT OF NCT) [LAWS(DLH)-2016-8-273] [REFERRED]
LALSING SUTARYA PAWARA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2010-8-101] [REFERRED TO]
DINESH KUMAR VS. STATE OF DELHI [LAWS(DLH)-2006-11-217] [REFERRED TO]
MOHD ALAM VS. STATE NCT OF DELHI [LAWS(DLH)-2006-9-131] [RELIED ON]
RAMESH VS. THE STATE OF KARNATAKA [LAWS(KAR)-2015-11-151] [REFERRED TO]
ANNAMALAI VS. STATE [LAWS(MAD)-2006-10-118] [REFERRED TO]
SAMAR DAS VS. STATE OF TRIPURA [LAWS(TRIP)-2018-12-2] [REFERRED TO]
MUBEEN VS. STATE OF HARYANA [LAWS(P&H)-2005-2-50] [REFERRED TO]
KUMAR GHIMIREY, S/O NIM DAS GHIMIREY VS. STATE OF SIKKIM [LAWS(SIK)-2016-9-3] [REFERRED TO]
RAMESH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2007-7-44] [REFERRED TO]
SANJIT KUMAR VS. STATE OF HARYANA [LAWS(P&H)-2018-1-69] [REFERRED TO]
LOURDHE VS. STATE REPRESENTED BY INSPECTOR OF POLICE [LAWS(MAD)-2019-1-125] [REFERRED TO]
MOTILAL GWAL VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2009-1-54] [REFERRED TO]
MASTER BHARATH S. VS. SECRETARY EDUCATION DEPARTMENT GOVERNMENT OF KARNATAKA, BENGALURU [LAWS(KAR)-2020-11-78] [REFERRED TO]
SHANABHAI MADHURBHAI KOLI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2003-6-49] [REFERRED]
STATE OF GUJARAT VS. BHARWAD RAJU RAGHAV [LAWS(GJH)-2006-5-13] [REFERRED TO]
DILIP KUMAR DAS VS. STATE OF TRIPURA [LAWS(GAU)-2012-9-55] [REFERRED TO]
AMOL SON OF BALAJI MESHRAM VS. STATE OF MAHARASHTRA [LAWS(BOM)-2015-2-75] [REFERRED TO]
MOHD ALAM VS. STATE NCT OF DELHI [LAWS(DLH)-2006-10-78] [REFERRED TO]
RAJESH SHARMA VS. STATE [LAWS(DLH)-2012-1-688] [REFERRED]
NANDU SAHANI VS. STATE (GOVT. OF NCT) [LAWS(DLH)-2015-3-448] [REFERRED TO]
DEVIDAS BABURAO NANAWARE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-6-983] [REFERRED TO]
SURESH KISAN SURWADE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2024-9-84] [REFERRED TO]
HANS RAJ @ BHOLA VS. STATE [LAWS(DLH)-2017-9-52] [REFERRED TO]
KAPOOR SINGH ALIAS KAPOORA VS. STATE OF HARYANA [LAWS(P&H)-2005-1-50] [REFERRED TO]
AFAN ANSARI VS. STATE OF JHARKHAND [LAWS(JHAR)-2022-12-13] [REFERRED TO]
LALITHA VS. STATE OF KARNATAKA [LAWS(KAR)-2023-6-300] [REFERRED TO]
Jagat Ram VS. State of H.P. [LAWS(HPH)-2008-5-43] [REFERRED TO]
STATE OF MIZORAM VS. LALRINKHUMA [LAWS(GAU)-2005-5-20] [REFERRED TO]
STATE OF MIZORAM VS. SH ZOTHANPUIA [LAWS(GAU)-2005-2-41] [REFERRED TO]
HIMANSHU ALIAS SHAMMI VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-10-91] [REFERRED TO]
KISHOR BALAJI KHADSE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2003-9-5] [REFERRED TO]
AMAR SINGH VS. STATE OF U P [LAWS(ALL)-2019-8-179] [REFERRED TO]
ALL INDIA INSTITUTE OF MEDICAL SCIENCES VS. S.P. VASHISHT [LAWS(DLH)-2023-5-135] [REFERRED TO]
AJAY KESHAV VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-12-130] [REFERRED TO]
SONI VS. STATE ( GOVT. OF NCT) OF DELHI [LAWS(DLH)-2021-10-2] [REFERRED TO]
SHAMBHU YADAV VS. STATE [LAWS(DLH)-2019-5-227] [REFERRED TO]
RAJESH TIWARI VS. STATE [LAWS(DLH)-2017-9-193] [REFERRED TO]
JAFARUDHEEN VS. STATE OF KERALA [LAWS(SC)-2022-4-72] [REFERRED TO]
MADAM SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2005-10-78] [REFERRED TO]
BHANWARI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2023-4-126] [REFERRED TO]


JUDGEMENT

Y. K. Sabharwal, J. - (1.)It is necessary for the courts to have a sensitive approach when dealing with cases of child rape. The effect of such a crime on the mind of the child is likely to be lifelong. A special safeguard has been provided for children in the Constitution of India in Article 39 which, inter alia, stipulates that the State shall, in particular, direct its policy towards securing that the tender age of the children is not abused and the children are given opportunities and facilities to develop in a healthy manner and conditions of freedom and dignity and that the childhood and youth are protected against exploitation and against moral and material abandonment. In the present case, the victim at the time of occurrence of rape was a child aged eight years. The accused was youth aged 18 years. The Additional District and Sessions Judge found him guilty for offence under Section 376, Indian Penal Code and imposed rigorous imprisonment for seven years and fine of Rs. 1,000/- and in default of payment of fine to further undergo six months' rigorous imprisonment. The High Court by the impugned judgment dated 14th November, 1995 giving to the accused the benefit of doubt acquitted him. The State is in appeal on grant of special leave.
(2.)The house of the accused is quite close to that of the prosecutrix. The incident of rape is said to have taken place on 19th March, 1989 in a village. The FIR was registered on 20th March, 1989. The medical examination of the prosecutrix also took place on 20th March, 1989. The prosecution to bring home the charge against the accused examined 14 witnesses including the parents of the prosecutrix, her brother, aunt, four doctors, police officials besides the prosecutrix. The respondent-accused was held guilty of the offence by the trial court primarily relying upon the testimony of the father of prosecutrix (PW-1), mother (PW-2), the prosecutrix (PW-5) and Dr. Harsh Chand Jain (PW-11).
(3.)The testimony of PW-2 is that her daughter had gone to the house of Sita Singh to take therefrom butter milk. Accused is the son of Sita Singh. When she did not return for a long time, PW-2 went to see her in the said house. When she went to that house, the door was closed which she pressed open. There she found that her daughter was lying naked on a cot and the accused was lying over him penetrating his penis into her vagina. On seeing this she shouted. Whereupon leaving her daughter, the accused ran away. She found her daughter totally unconscious. She lifted her and brought her back home. At that time, husband and brother-in-law of PW-2 had gone to another village. Her daughter gained consciousness at the time of sunset. She deposed that Om Prakash, the respondent, was alone at home. Next day a report was lodged with the police. She also deposed in her cross-examination that earlier too her daughter used to bring butter milk from the house of Sita Singh.


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