Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rape Consent |
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 - s.376 - Rape - Allegation thatappellant raped PW2 - PW2 had previous acquaintance withappellant, he being her elder brother's friend - Conviction ofappellant by Courts below - Propriety - Held: The allegedincident occurred early morning at 8.30 AM and the place ofthe alleged incident was on the side of a public road - If PW2had made any semblance of resistance or made any hue andcry it would have attracted large number of people from thelocality - Further the FIR was lodged 10 months after thealleged incident- All these factors cast some shadow of doubton the version of PW2 - Further, strange behaviour of theparents of PW2 viz. PW3 and PW4 - They stated that theycame to know about the relations between the appellant andPW2 when they found her pregnant - PW2 had told them thatappellant had agreed to many her - They knew the appellantand his family already, however, they did not approach theappellant or his family members formarrying PW2 - Insteadthey straightaway went to the police station to lodge the report,that too after the birth of the child - All these factors cast adoubt on the prosecution version - Version of a rape victimcommands great respect and acceptability, but, if there aresome circumstances which cast some doubt in the mind ofthe court about the veracity of the victim's evidence, then, itis not safe to rely on the uncorroborated version of the victimof rape - Conviction and sentence imposed on the appellantaccordingly set aside. |
Judge | Hon'ble Mr. Justice K.S. Panicker Radhakrishnan |
Neutral Citation | 2013 INSC 639 |
Petitioner | Kaini Rajan |
Respondent | State Of Kerala |
SCR | [2013] 10 S.C.R. 196 |
Judgement Date | 2013-09-19 |
Case Number | 1467 |
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