Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Evidence Act 1872: Section 9 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Test Identification Parade-Non-holding of-Whether fatal to prosecution case-Victim saw accused persons on three occasions almost immediately prior to commission of offence and also when she was sexually assaulted by them-Father and brother of the victim came to the scene of crime and saw accused running away-Brother identified them by their description-Accused confessed their guilt when caught by father but refused to come with him-IO showed accused to victim before their arrest in order to ensure that the right persons were arrested-Accused also named in the FIR-Held: Under such circumstances, Tl parade not necessary-Hence, non-holding of Tl parade did not vitiate trial.Criminal Trial: Rape--Injury on the body of victim-Absence of-Effect-Rape victim made to lie on dried-up cotton plants-Victim medically examined after 6 days of the incident-Medical Officer opined that any abrasion or marks of violence would be visible for 24 hours and thereafter would disappear-Rupture of hymen of victim took place about one year prior to incident-Seminal stains were present on the cloth of the victim-Held: Injury on the body of victim not a sine qua non to prove a charge of rape-Rupture of the-hymen explained as to why no visible injury was found on the private part of the victim-As the victim lay on the dried-up cotton plants, there was no injury on her back-Moreover, presence of semen on the cloth of the victim corroborated victim's case-Under these circumstances prosecution case fully established-Hence, conviction upheld-Penal Code, 1860-S. 376(2)(g). |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2004 INSC 52 |
Petitioner | Dastagir Sab And Anr. |
Respondent | State Of Karnataka |
SCR | [2004] 1 S.C.R. 952 |
Judgement Date | 2004-01-22 |
Case Number | 175 |
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