Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | gang rape criminal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Indian Penal Code, 1860: Sections 34, 366 and 376-Kidnapping and gang rape-Corroboration of victim's evidence-Whether necessary, when her evidence inspires confidence to be truthfu -Offence committed in broad day light- victim identifying accused in Identification Parade and medical evidence and First Information Report corroborating injuries on her private parts-Whether High Court justified in rejecting victim's evidence. The two respondents and two others were charged under Sections 366/34 and 376 read with 34 I.P.C. for kidnapping and committing rape on P.W.1. In the Identification Parade, conducted by P.W.13, the Executive Magistrate, P.W.1, the victim, identified the two respondents and one other accused. The trial court accepted her evidence and convicted the two respondents and sentenced them to undergo three years' rigorous imprisonment on each count. The trial court acquitted the other two accused and this became final since there was no appeal against it. The Sessions Court confirmed the sentences of the two respondent. On appeal, the High Court acquitted the two respondents on the grounds that P.W.1 identifying the respondents could not be relied upon, that there was no corroboration to her evidence, and that when there was gang rape there would be several injuries on the person of the victim, which were absent, and therefore, she was a consenting party. |
Judge | Hon'ble Mr. Justice K. Ramaswamy |
Neutral Citation | 1992 INSC 97 |
Petitioner | State Of Orissa |
Respondent | Damburu Naiko And Anr. |
SCR | [1992] 2 S.C.R. 393 |
Judgement Date | 1992-03-31 |
Case Number | 567 |
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