Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860-ss. 395 Penal Code 397 and 354 |
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. 395, 397 and 354 - Prosecution under - Accused were known of the victims - Animosity between the partied - Evidence of one of the witnesses contrary to medical evidence - On telephonic information, during commission of the offence, miscreants were mentioned as strangers - Conviction by trial Court-Confirmed by High Court - On appeal, held: Accused are entitled to be acquitted, in view of infirmities in the background of animosity between the parties - Order of High Court was on surmises and conjectures.Prosecution alleged against the appellants-accused, that they entered the house of the victims, armed with deadly weapons, assaulted the inmates of the house, looted gold ornaments and committed rape on two of the female members. During the course of the occurrence one of the members of the family, informed the police over telephone that some strangers were committing dacoity in the house and had assaulted two inmates of the house. Thereafter, FIR was lodged. Three of the accused were declared to be proclaimed absconders. The accused who faced trial were convicted u/s 395 and 397 IPC. Two of the accused were additionally convicted u/s 354 IPC. The conviction was based on evidence of PWs 1, 2, 3, 5 and 8. High Court dismissed the appeal, upholding the conviction. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1236 |
Petitioner | Abdul Gafur & Ors |
Respondent | The State Of Assam |
SCR | [2007] 12 S.C.R. 1031 |
Judgement Date | 2007-12-06 |
Case Number | 1675 |
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