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{{Use dmy dates|date=September 2019}}
{{Use Indian English|date=September 2019}}
{{Infobox court case
|name = Om Prakash v. State Of Uttar Pradesh
|court = [[Supreme Court of India]]
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|full name = Om Prakash v. State of Uttar Pradesh
|date decided = 11 May 2006
|citations = Appeal (Crl.) No. 629 of 2006
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|decision by = Arijit Payasat
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}}
'''Om Prakash v. State of U.P''' is a landmark case decided by a two-judge bench of the [[Supreme court of India]], which held that committing a [[rape]] on a [[woman]] '''''"knowing her to be [[pregnant]]"''''' is only convictable if it is proven that she is pregnant, otherwise the accused would be convicted for rape only.<ref>{{cite web|title=Om Prakash vs State Of U.P on 11 May, 2006|url=http://indiankanoon.org/doc/1813332/|website=Indian Kanoon|accessdate=19 December 2015}}</ref>

==Facts==
The victim's name was not revealed as Section 228-A of Indian Penal Code regards identifying victims of rape to be a punishable offence.<ref>{{cite web|author1=Nandita Saikia|title=Law on the Disclosure of the Identity of Rape Victims|url=http://copyright.lawmatters.in/2013/11/law-on-disclosure-of-identity-of-rape.html|website=copyright.lawmatters.in/|date=21 November 2013 |accessdate=19 December 2015}}</ref>
The husband of the victim was arrested the day before the crime occurred and was brought before the court for [[challan]] proceedings on the day of crime. There, the accused tried to rape her. She raised alarm and the accused was assaulted by people around, arrested and taken to a police station where an FIR{{What|date=November 2023}} was lodged. The trial and the High Court convicted the accused particularly based on the statement of the victim and the eyewitnesses and a sentence of ten years was awarded under section 376 (2) (e) for raping a pregnant woman.
Section 376 (2) (e) of Indian Penal Code states that a police officer is liable to be imprisoned for 10 years if the rape victim is a pregnant woman.<ref>{{cite web|title=Section 376(2) in The Indian Penal Code|url=http://indiankanoon.org/doc/1677485/|website=indiankanoon.org/|accessdate=19 December 2015}}</ref>
While Section 376 (1) of Indian Penal Code states that a police officer committing a similar crime is liable for 7 years or less in special cases.
At the Supreme court, the accused's sentence of ten years was reduced to seven years citing the reasons that the victim was not proven to be pregnant.

==Judgment==
The State of U.P, victim side could not show proper evidence that the victim was pregnant at the time of crime and that the accused had an awareness of her being pregnant. Instead of Section 376(2)(e) IPC, Section 376(1) IPC was applied in this case and the sentence of ten years was reduced to 7 years.

==See also==
* [[Pregnancy from rape]]
* [[Supreme Court of India]]

==References==
<references />

==External links==
* [http://indiankanoon.org/ Indian Kanoon website]

{{Rape in India}}

[[Category:2006 in case law]]
[[Category:2006 in Indian law]]
[[Category:Supreme Court of India cases]]
[[Category:Rape in India]]
[[Category:Crime in Uttar Pradesh]]

Om Prakash v. State of Uttar Pradesh - Revision history

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