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State of M. P. vs. Madanlal (SC)

34.00 3.40

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Penal Code, 1860–Secs. 376(2)(f)/511 or 354–Single Judge influenced by the compromise arrived between the accused and parents of victim as the the victim was minor and set aside the conviction u/s. 376(2)(f) r/w. 511–Mere reference in judgment that prosecution has examined so many witnesses and filed nine documents–Such approach does not satisfy the requirement of exercise of appellate jurisdiction–There cannot be a compromise or settlement in such type of a case as it would be against the honor of a woman–Impugned judgment of High Court set aside and matter remitted back of reappraisal of evidence and fresh decision.