Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | rape criminal appeals |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 - ss.323/34, 504134, 376(2)(a) and376(2)(g) - Appellant-police officials picked up PW3 forinterrogation and detained her in the police station at night,and then tortured and raped her - PW3 was released only onthe next day when the village panchayat intervened -Conviction of appellants by Courts below - Justification - Held:Justified - Testimony of PW-3 was corroborated by theevidence of her husband (PW-1) and neighbor (PW-2) -Appellants failed to produce relevant records in defence -Statement made by PW3 in inquiry conducted bySuperintendent of Police cannot be used to contradict herevidence in the Court - No proof that PW3 made a/legationsagainst the appellants on the pressure of others - PW-3 tookconsistent stand in her petition to the Governor made withinfew days of her release from Police Station, in her complaintbefore the Magistrate and her evidence in Court - Both trialcourt and the High Court found that soon after PW3 wasreleased from the Police Station, she stated before PWs-1and 2 that she had been raped by the appellants and that shewas bleeding profusely - Trial court and the High Courtrecorded concurrent findings of facts while holding theappellants guilty- Though powers of Supreme Court u/Article136 of the Constitution are very wide, in criminal appeals theSupreme Court does not interfere with concurrent findings offacts, save in exceptional circumstances where there hasbeen grave miscarriage of justice - In the case at hand,concurrent findings of facts recorded by the trial court and the High Court are based on legal evidence and there is nomiscarriage of justice as such by the two courts while arrivingat said findings - Impugned judgment of the High Courttherefore not interfered with, in exercise of discretion underArticle 136 of the Constitution - Constitution of India, 1950 -Article 136 - Evidence Act, 1872 - s. 145. |
Judge | Hon'ble Mr. Justice A.K. Patnaik |
Neutral Citation | 2013 INSC 438 |
Petitioner | Charanjit & Ors. |
Respondent | State Of Punjab & Anr. |
SCR | [2013] 10 S.C.R. 688 |
Judgement Date | 2013-07-04 |
Case Number | 232 |
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