The Legal Point: Important judgement! – Om Prakash v. State of U.P Appeal (crl.) 629 of 2006
This had been written by Rashi Verma, Executive Editor (Legal).
Om Prakash v. State of U.P Appeal (crl.) 629 of 2006
What was the case about ?
In this case, the accused was the husband of the victim and he tried to rape her. The woman raised an alarm and the accused was arrested by the police. The accused was charged to court based on FIR by the victim. The accused was charged with raping a pregnant woman under section 376(2)(e) of the IPC. The accused if found guilty will attract a 10-year imprisonment, whereas section 376(1) of the IPC attracts a 7 years’ imprisonment for police officers that commit the same offence.
Judgment:
The accused was found guilty of raping a pregnant woman and was sentenced to 10 years imprisonment. On appeal, the judges reduced it to seven years adding that it was not shown or known to the accused that the victim was pregnant before the rape. Therefore, he was sentenced under section 376(1) of the IPC.
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