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.

She raised alarm and the accused was assaulted by people around, arrested and taken to a police station where an FIR[clarification needed] 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.

[3] 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.