DINESH ALIAS BUDHHA Vs. STATE OF RAJASTHAN
LAWS(SC)-2006-2-49
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
Decided on February 28,2006

DINESH BUDDHA Appellant
VERSUS
STATE OF RAJASTHAN Respondents





Cited Judgements :-

SK. AKBAR SK. BISMILLAH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-7-154] [REFERRED TO]
HORI LAL VS. STATE OF CHHATTISGARH [LAWS(CHH)-2016-12-6] [REFERRED TO]
ATUL B. MISTRI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-8-30] [REFERRED TO]
NAVEEN KESHRI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-8-67] [REFERRED TO]
MONTU KALITA VS. STATE OF ASSAM [LAWS(GAU)-2011-4-9] [REFERRED TO]
SANTOSH VS. STATE OF U P [LAWS(ALL)-2015-8-390] [REFERRED]
RAM SINGH VS. STATE OF U.P. [LAWS(ALL)-2015-9-141] [REFERRED TO]
KALLU SINGH VS. STATE OF U.P. [LAWS(ALL)-2017-11-436] [REFERRED TO]
PREAM @ BHEEM @ PAVAN KUMAR YADAV VS. STATE OF U P [LAWS(ALL)-2018-4-171] [REFERRED TO]
DIPAK VS. STATE OF MAHARASHTRA [LAWS(BOM)-2012-11-102] [REFERRED TO]
LAKHMI VS. STATE OF U P [LAWS(ALL)-2009-4-395] [REFERRED TO]
RADHA BISWAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2009-9-1] [REFERRED TO]
JAHIRUDDIN VS. STATE OF WEST BENGAL [LAWS(CAL)-2011-1-11] [REFERRED TO]
C ARUN VS. STATE OF KERALA [LAWS(KER)-2012-8-268] [REFERRED TO]
SALIM MONDAL @ SELIM MONDAL @ SALIM SK VS. STATE OF WEST BENGAL [LAWS(CAL)-2018-12-61] [REFERRED TO]
BASAVARAJU M U VS. STATE OF KARNATAKA [LAWS(KAR)-2018-2-79] [REFERRED TO]
RUCHI KANT AND ORS. VS. STATE OF HIMACHAL PRADESH AND ORS. [LAWS(HPH)-2015-6-45] [REFERRED TO]
SUBASH CHANDRA RAI, SON OF JEET BAHADUR RAI VS. STATE OF SIKKIM [LAWS(SIK)-2018-3-6] [REFERRED TO]
PREMIYA ALIAS PREM PRAKASH VS. STATE OF RAJASTHAN [LAWS(SC)-2008-9-95] [REFERRED TO]
ANDREWS VS. STATE, REPRESENTED BY INSPECTOR OF POLICE [LAWS(MAD)-2017-12-231] [REFERRED TO]
SUNEEL VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2008-2-64] [REFERRED TO]
PATAN JAMAL VALI VS. STATE OF ANDHRA PRADESH [LAWS(SC)-2021-4-32] [REFERRED TO]
SHESH KARAN VS. STATE OF HARYANA [LAWS(P&H)-2015-2-30] [REFERRED TO]
KHUMAN SINGH VS. STATE OF MADHYA PRADESH [LAWS(SC)-2019-8-109] [REFERRED TO]
JAVID VS. STATE OF UTTARANCHAL [LAWS(UTN)-2012-5-23] [REFERRED TO]
ARVIND KUMAR VS. STATE OF UTTARAKHAND [LAWS(UTN)-2019-8-90] [REFERRED TO]
STATE OF BIHAR VS. MD. MAJOR [LAWS(PAT)-2022-8-61] [REFERRED TO]
STATE OF MADHYA PRADESH VS. BABU LAL [LAWS(SC)-2007-12-111] [REFERRED TO]
RANJIT REANG VS. STATE OF TRIPURA [LAWS(TRIP)-2019-1-65] [REFERRED TO]
SUNIL UNIYAL VS. STATE [LAWS(UTN)-2018-4-33] [REFERRED TO]
VIJAY PRASAD, S/O RAMEKBAL PRASAD & ORS. VS. THE STATE OF BIHAR & ANR. [LAWS(PAT)-2008-10-89] [REFERRED TO]
RADHEY SHYAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2016-5-404] [REFERRED TO]
AMIT KUMAR JOSHI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2019-7-105] [REFERRED TO]
JAVED VS. STATE [LAWS(DLH)-2013-2-197] [REFERRED TO]
MANI RAM CHAUDHARY VS. STATE OF U.P. [LAWS(ALL)-2022-9-88] [REFERRED TO]
TAMOK KOMUT VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2008-5-22] [REFERRED TO]
RAJESH KUMAR KURMI VS. STATE OF U.P. [LAWS(ALL)-2016-2-126] [REFERRED TO]
RAJESH SINGH AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2015-9-50] [REFERRED TO]
GUDDU VS. STATE OF U.P. [LAWS(ALL)-2015-7-269] [REFERRED TO]
PRADIP HAZAM @ PRADIP PRAMANIK VS. STATE OF JHARKHAND [LAWS(JHAR)-2011-9-19] [REFERRED TO]
SUSHIL KUMAR AND ORS. VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-7-101] [REFERRED TO]
SANTHU VS. STATE OF KARNATAKA [LAWS(KAR)-2020-12-213] [REFERRED TO]
STATE OF H P VS. AMRISH KUMAR [LAWS(HPH)-2008-12-3] [REFERRED TO]
DANISH KHAN VS. STATE (GOVT OF NCT OF DELHI) [LAWS(DLH)-2021-1-39] [REFERRED TO]
MOOL CHAND VS. STATE [LAWS(DLH)-2017-5-313] [REFERRED TO]
MANOJ KUMAR VS. STATE OF HARYANA [LAWS(P&H)-2013-10-439] [REFERRED TO]
HAKAM SON OF BEER SINGH VS. STATE OF HARYANA [LAWS(P&H)-2010-9-35] [REFERRED TO]
KEISHAM MEGHACHANDRA SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2021-10-3] [REFERRED TO]
KEGU VS. STATE OF M.P. [LAWS(MPH)-2020-5-163] [REFERRED TO]
KHOOB SINGH VS. STATE OF M P [LAWS(MPH)-2021-8-11] [REFERRED TO]
CENTRAL BUREAU INVESTIGATION VS. SOHAN LAL BISHNOI [LAWS(RAJ)-2014-1-87] [REFERRED TO. (2)]
HARKESH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2008-7-77] [REFERRED TO]
PAVAS SHARMA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-1-113] [REFERRED TO]
STATE OF MAHARASHTRA VS. SURESH SHANKAR JADHAV [LAWS(BOM)-2009-5-4] [REFERRED TO]
UMA SHANKAR VS. STATE OF DELHI [LAWS(DLH)-2006-9-181] [REFERRED TO]
SAJAL SURESHKUMAR JAIN VS. STATE OF GUJARAT [LAWS(GJH)-2009-4-83] [REFERRED TO]
LUTAWAN VS. STATE OF U.P. [LAWS(ALL)-2019-11-18] [REFERRED TO]
CHHOTEY LAL VS. STATE OF U P [LAWS(ALL)-2018-8-90] [REFERRED TO]
STATE OF U P VS. PRADDUMN AND 2 OTHERS [LAWS(ALL)-2018-1-462] [REFERRED TO]
DADA GHOSH VS. STATE OF U P [LAWS(ALL)-2018-4-39] [REFERRED TO]
RAGHUVEER LODH VS. STATE OF U P [LAWS(ALL)-2016-3-263] [REFERRED]
BHUGGAN @ MUNNU @ AMARJEET SINGH VS. STATE OF U P [LAWS(ALL)-2016-2-367] [REFERRED]
ASIF VS. STATE OF U.P. [LAWS(ALL)-2015-8-96] [REFERRED TO]
KHADEM E DASTEGIR VS. STATE OF WEST BENGAL [LAWS(CAL)-2007-2-38] [REFERRED TO]
SUBBULAKSHMI VS. STATE OF TAMIL NADU [LAWS(MAD)-2009-11-144] [FOLLOWED ON]
VIMLENDRA SINGH ALIAS PRINCE SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2019-10-16] [REFERRED TO]
SYAMA ALIAS SHYAMA SAHOO VS. STATE [LAWS(ORI)-2006-11-10] [REFERRED TO]
RAMJEE LAL VS. STATE (GOVT OF NCT) DELHI [LAWS(DLH)-2017-5-131] [REFERRED TO]
AJOY BISWAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2019-11-43] [REFERRED TO]
STATE OF RAJASTHAN VS. VINOD KUMAR [LAWS(SC)-2012-5-51] [REFERRED TO]
AJAI SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2008-11-7] [REFERRED TO]
STATE OF KARNATAKA VS. RAJU [LAWS(SC)-2007-9-85] [REFERRED TO]
MEYYAPPAN VS. STATION HOUSE OFFICER ALL WOMEN POLICE STATION [LAWS(MAD)-2014-5-12] [REFERRED TO]
BUDHA SINGH TAMANG VS. STATE OF SIKKIM [LAWS(SIK)-2016-4-4] [REFERRED TO]
ROBIN GURUNG VS. STATE OF SIKKIM [LAWS(SIK)-2017-9-9] [REFERRED TO]
RAMKUMAR AND ANOTHER VS. STATE OF M.P. [LAWS(MPH)-2017-8-54] [REFERRED TO]
MANISH KALANI & ANOTHER VS. HOUSING AND URBAN DEVELOPMENT CORPORATION LTD. [LAWS(MPH)-2018-1-150] [REFERRED TO]
STATE OF MADHYA PRADESH VS. KALYAN SINGH [LAWS(MPH)-2006-8-41] [REFERRED TO]
SHANKARBHAI GOMANBHAI KOLIPATEL VS. STATE OF GUJARAT [LAWS(GJH)-2020-8-479] [REFERRED TO]
MANGO @ MANGALBHAI PRATAPBHAI PAGI VS. STATE OF GUJARAT [LAWS(GJH)-2014-6-72] [REFERRED TO]
BIPINKUMAR HARIBHAI KUMBHANI VS. STATE OF GUJARAT [LAWS(GJH)-2006-12-56] [REFERRED TO]
DILIP MIRDHA VS. STATE OF JHARKHAND [LAWS(JHAR)-2018-6-85] [REFERRED TO]
DILIP PANDURANG KADAM VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-3-54] [REFERRED TO]
STATE OF MAHARASHTRA VS. HARESH MOHANDAS RAJPUT [LAWS(BOM)-2008-1-123] [REFERRED TO]
STATE OF MAHARASHTRA VS. SURESH SHANKAR JADHAV [LAWS(BOM)-2009-5-37] [REFERRED TO]
DHARMMUNI JOSHI VS. STATE OF U.P. [LAWS(ALL)-2023-2-85] [REFERRED TO]
MUNISH VS. STATE [LAWS(ALL)-2016-8-183] [REFERRED]
RAM BABU KURMI VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2016-7-54] [REFERRED]
SANTOSH KUMAR MISHRA VS. STATE OF U P [LAWS(ALL)-2015-5-23] [REFERRED TO]
DURGA SINGH VS. STATE OF U.P. [LAWS(ALL)-2015-9-143] [REFERRED TO]
MUKHTAYAR AHMAD VS. STATE OF U P [LAWS(ALL)-2018-5-207] [REFERRED TO]
RAJESH BIN VS. STATE [LAWS(BOM)-2014-1-119] [REFERRED TO]
BAGGHU VS. STATE OF U P [LAWS(ALL)-2014-9-495] [REFERRED TO]
DHARMENDRA KUMAR VS. STATE OF BIHAR [LAWS(PAT)-2007-1-148] [REFERRED TO]
JAI SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2010-12-25] [REFERRED TO]
VIJAY GUPTA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-2-127] [REFERRED TO]
SANJAY PATEL VS. STATE OF C.G. [LAWS(CHH)-2023-1-102] [REFERRED TO]
SONA RAM HEMBRAM S/O LATE JAGMOHAN HEMBRAM VS. STATE OF JHARKHAND [LAWS(JHAR)-2015-2-51] [REFERRED TO]
STATE VS. BAIJNATH [LAWS(ALL)-1952-5-4] [REFERRED TO]
HAREN BORAH VS. STATE OF ASSAM [LAWS(GAU)-2011-5-21] [REFERRED TO]
VIMALANATHAN VS. STATE OF WEST BENGAL [LAWS(CAL)-2007-3-94] [REFERRED TO]
IMSHAD VS. STATE OF U.P. [LAWS(ALL)-2020-6-37] [REFERRED TO]
NIRMAL VS. STATE OF U P [LAWS(ALL)-2016-10-32] [REFERRED]
SURESH VS. STATE OF U P [LAWS(ALL)-2016-6-68] [REFERRED]
JAMUNA PRASAD SHARMA VS. STATE OF U.P. [LAWS(ALL)-2011-1-359] [REFERRED TO]
C SEETHA VS. INSPECTOR OF POLICE [LAWS(MAD)-2014-11-532] [REFERRED TO]
SRI RANJIT REANG VS. STATE OF TRIPURA [LAWS(TRIP)-2019-1-4] [REFERRED TO]
SANKAR MUNDA VS. STATE OF TRIPURA [LAWS(TRIP)-2020-6-37] [REFERRED TO]
VIKAS AND ORS. VS. STATE OF HARYANA [LAWS(P&H)-2015-8-110] [REFERRED TO]
BAJA SINGH VS. STATE OF M P [LAWS(MPH)-2011-11-18] [REFERRED TO]
MALLAIAH ALIAS MUTHU MALLAIAH VS. DEPUTY SUPERINTENDENT OF POLICE THOOTHUKUDI RURAL SUB DIVISION [LAWS(MAD)-2010-4-638] [REFERRED TO]
LAL MOHAMMED VS. STATE [LAWS(DLH)-2020-1-101] [REFERRED TO]
BABU VS. STATE OF KERALA [LAWS(KER)-2013-4-97] [REFERRED TO]
SHRIRAM & ANO VS. STATE OF M P [LAWS(MPH)-2017-11-206] [REFERRED TO]
NATIONAL FEDERATION OF INDIAN WOMEN VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2007-6-17] [REFERRED TO]
SURESH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2011-12-40] [REFERRED TO]
KAMAL SINGH @ TINGU VS. STATE OF RAJASTHAN [LAWS(RAJ)-2012-3-165] [REFERRED TO]
ASHABAI MACHINDRA ADHAGALE VS. STATE OF MAHARASHTRA [LAWS(SC)-2009-2-190] [REFERRED TO]
MR. ASHISH BAGGA S/O MR. B.B. BAGGA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-6-43] [REFERRED TO]
MR. ASHISH BAGGA S/O MR. B.B. BAGGA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2018-5-2] [REFERRED TO]
BALLU ALIAS BALUA AND OTHERS VS. STATE OF M.P. [LAWS(MPH)-2018-1-421] [REFERRED TO]
SHAJAHAN VS. STATE REP. BY INSPECTOR OF POLICE [LAWS(SC)-2018-2-39] [REFERRED TO]
PARMAR MANISHBHAI BABULAL VS. STATE OF GUJARAT [LAWS(GJH)-2013-11-258] [REFERRED TO]
BIMAL PRADHAN VS. STATE OF WEST BENGAL [LAWS(CAL)-2019-11-44] [REFERRED TO]
BHUPENDRA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2008-3-40] [REFERRED TO]
SANJAY ALIAS SHRIRAM GONDCHAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2010-2-17] [REFERRED TO]
MOHD ALAM VS. STATE NCT OF DELHI [LAWS(DLH)-2006-9-131] [RELIED ON]
KHEM CHAND VS. STATE OF DELHI [LAWS(DLH)-2008-7-143] [REFERRED TO]
SHARAD DARADE, SUPERINTENDENT OF POLICE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-9-32] [REFERRED TO]
DHANESHWAR ALIAS KHODIA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2018-8-102] [REFERRED TO]
ASHOK BAPURAO THORAT VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-7-111] [REFERRED TO]
SANDIP @ SANJAY @ TAKO CHHAGANBHAI UGHREJA VS. STATE OF GUJARAT & 1 [LAWS(GJH)-2016-1-286] [REFERRED]
VANITA VASANT PATIL VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2018-11-5] [REFERRED TO]
DHARMENDRA VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2010-9-16] [REFERRED TO]
BABLU VS. STATE OF U.P. [LAWS(ALL)-2013-9-152] [REFERRED TO]
TIRUMALA MODERN RICE MILL VS. TRANSMISSION CORPORATION OF A P LTD [LAWS(APH)-2007-4-47] [REFERRED TO]
KOTHARI NISAD VS. STATE OF U.P. [LAWS(ALL)-2015-12-45] [REFERRED TO]
GANSU, SON OF FATTURAM VS. STATE OF CHHATTISGARH [LAWS(CHH)-2016-11-29] [REFERRED TO]
MOHD ALAM VS. STATE NCT OF DELHI [LAWS(DLH)-2006-10-78] [REFERRED TO]
KRISHNA YADAV VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-2-41] [REFERRED TO]
RAJARAM PATEL VS. STATE OF CHHATTISGARH [LAWS(CHH)-2023-1-70] [REFERRED TO]
HEMA GOGOI VS. STATE OF ASSAM [LAWS(GAU)-2019-9-38] [REFERRED TO]
YAMUNABAI W/O KUNDLIK SURYAWANSHI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-9-67] [REFERRED TO]
PUNIT THAKUR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2013-11-89] [REFERRED]
STATE OF U.P. VS. DHARMA [LAWS(ALL)-2022-3-142] [REFERRED TO]
DILIP SAIKIA VS. STATE OF ASSAM [LAWS(GAU)-2009-7-36] [REFERRED TO]
KUSUMA VS. STATE OF U P & ANR [LAWS(ALL)-2019-1-100] [REFERRED TO]
KALPANA PAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2010-8-176] [REFERRED TO]
BHOLA PRASAD RAIDAS VS. STATE OF M P [LAWS(MPH)-2009-3-56] [REFERRED TO]
HUSAINSAB VS. STATE OF KARNATAKA [LAWS(KAR)-2020-6-585] [REFERRED TO]
PRADEEP VS. STATE [LAWS(DLH)-2019-10-52] [REFERRED TO]
ISHRAR AHMAD ALIAS MINTU VS. STATE OF U. P. [LAWS(ALL)-2022-8-163] [REFERRED TO]
MAHADEO KERBA MASKE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-3-124] [REFERRED TO]
UMENDRA SAHU VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-2-44] [REFERRED TO]
PAPPU GUPTA VS. STATE OF U P [LAWS(ALL)-2015-4-90] [REFERRED TO]
ISHWAR KEWAT VS. STATE OF U.P. [LAWS(ALL)-2015-9-70] [REFERRED TO]
AMIT KUMAR VS. STATE OF U P [LAWS(ALL)-2017-10-243] [REFERRED TO]
SALIK RAM VS. STATE OF U P [LAWS(ALL)-2018-2-496] [REFERRED TO]
SALIK RAM VS. STATE OF U P [LAWS(ALL)-2018-2-496] [REFERRED TO]
RAMESH KUMAR TIWARI VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2018-4-292] [REFERRED TO]
BABU SHAH AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2015-10-49] [REFERRED TO]
PREMA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2007-7-42] [REFERRED TO]
S BALARAMAN VS. STATE [LAWS(MAD)-2009-6-354] [REFERRED TO]
SABUJ MURMU VS. STATE OF JHARKHAND [LAWS(JHAR)-2018-6-94] [REFERRED TO]
BORO HANSDA VS. STATE OF JHARKHAND [LAWS(JHAR)-2021-1-76] [REFERRED TO]
PANCHU MONDAL @ PANCHU GOPAL MONDAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2019-11-120] [REFERRED TO]
BIJOY @ GUDDU DAS VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2017-3-5] [REFERRED TO]
ANIL THAKUR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-8-57] [REFERRED TO]
DINESH KUMAR AND ORS. VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-6-35] [REFERRED TO]
SALIM KHAN VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-2-169] [REFERRED TO]
DEVAN DAS VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-2-270] [REFERRED TO]


JUDGEMENT

Arijit Pasayat, J. - (1.)Leave granted.
(2.)An eight years old girl was sexually ravished by the appellant is what was alleged and for that the appellant faced trial. The victim suffered ignominy on 5-2-1998. The appellant has been found guilty of offence punishable under Section 376(2) of the Indian Penal Code, 1860 (in short the IPC) read with Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short the Atrocities Act). The appellant was directed to undergo imprisonment for life and to pay a fine of Rs. 1,000/- and the State was directed to pay a compensation of Rs.50,000/- to the victim.
(3.)Background facts are essentially as follows: On 5-2-1998 the victim had gone to witness a marriage procession in the night. When she was coming back to her house in the night at about 12 O clock the accused sexually assaulted her. She was threatened that if she disclosed about the incident to anybody, she would be killed. Suffering from the acute pain the victim told her sister, mother and grandmother about the incident. The matter was reported to the police. The accused person was arrested; medical tests were conducted both in respect of the accused and the victim, and after completion of investigation charge-sheet was filed. The Trial Court found the accused guilty of the offences charged under Section 376(2), IPC and Section 3(2)(v) of the Atrocities Act and sentenced him. The appeal before the Rajasthan High Court, Jaipur Bench, did not bring any relief to the accused.


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