CHAMAN LAL v. THE STATE OF HIMACHAL PRADESH
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 ss. 313, 378, 417
- Indian Penal Code, 1860 ss. 375, 376, 506
Judgment
the accused for the offences under Sections 376 & 506 IPC. Present is a case of sexual assault on a victim whose IQ was 62 and was mentally retarded and that accused has taken undue advantage of the mental sickness/illness of the victim. A person suffering from mental disorder or mental sickness deserves special care, love and affection. They are not to be exploited. In the present case, the accused has exploited the victim by taking disadvantage of her mental sickness/illness. Therefore, no interference of this Court against the impugned judgment and order passed by the High Court convicting the accused is called for. [Paras 12, 13][1017-E-G; 1018-B-C]
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.