Om Prakash v/s. State of UP
- Chandni K, Christ University Bangalore
- January 10, 2021
Content :
The following is a brief case analysis of Om Prakash v. State of UP appeal (crl.) 629 of 2006. This case is considered as a landmark case because the two-judge bench of the Supreme Court of India, held that when a person commits rape on a woman ‘knowing that she is pregnant’ can only be convicted if it is proven that she is pregnant or else the accused will be convicted only for rape and on the basis of this statement the Supreme Court came to its final decision. Also, the court held that the person accused of rape can now be convicted only on the basis of victim’s evidence, even if the medical reports did not prove rape. There was a mention of ‘corroboration’ and the court made it clear that it would be necessary only if there is a doubt regarding its genuiness. The case has been summarized under the following headings – Facts of the case, issues raised, arguments by both the sides (appellant and prosecution side), legal aspects involved and overview of the judgment. The main focus was on Section 376 (2) (e). Before passing a judgment, the court makes sure that it upholds the true spirit of justice which is by providing justice to the victim and punishing the wrong doer.
