Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 - ss.376(g)/366/392 rlw. s.34 - Prosecutrix alleged gang rape by appellants - Inconsistencies in FIR and the deposition of prosecutrix Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - ss.376(g)/366/392 rlw. s.34 - Prosecutrix alleged gang rape by appellants - Inconsistencies in FIR and the deposition of prosecutrix - Appellants acquitted by trial court - Acquittal reversed by High Court - Appellants pleaded false implication as they declined to oblige the prosecutrix qua her de111and for financial help - On appeal, held: View taken by the trial court is overwhelmingly possible - In contrast, findings of High Court are decipherably strained in favour of the prosecution by overlooking many irreconcilable inconsistencies, anomalies and omissions rendering the prosecution case unworthy of credit - Prosecution failed to prove the charges - Appellants entitled to benefit of doubt. Appeal - Appeal against acquittal - Interference by appellate court - Scope of - Discussed. Evidence - Evidence of prosecutrix in cases of rape, molestation and other physical outrages - Veracity of - Held: Generally, the testimony of a victim of rape or non-consensual physical assault ought to be accepted as true and unble111ished - However, it would still be subject to judicial scrutiny lest a casual, routine acceptance thereof results in unwarranted conviction of the person charged - Svidence Act, 1872 - ss.113A, 113B ands. l J.IA - Criminal Trial. c D E F Hostile witness - Extent of acceptability - Discussed. |
Judge | Hon'ble Mr. Justice Amitava Roy |
Neutral Citation | 2016 INSC 946 |
Petitioner | Raja And Others |
Respondent | State Of Karnataka |
SCR | [2016] 9 S.C.R. 615 |
Judgement Date | 2016-10-04 |
Case Number | 1767 |
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