Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1872-Section'J 76 (2)(g) Explanation I-Rape |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1872-Section 376(2)(g) Explanation 1-Rape-Conviction under section-Allegation that accused along with other committed rape-Conviction-During pendency of appeal accused died-High Court dismissing appeal of other person-On appeal held in the absence of evidence of concert between accused and the other person, conviction by trial court as upheld by High Court cannot be sustained-Thus the other person is entitled to acquittal. According to the prosecution, PW6 witnessed the accused committing rape of his sister. At that moment, appellant came from adjoining room D and threatened to shoot PW6. He raised an alarm and several persons came on the spot after which appellant ran away. Victim consumed poison in order to commit suicide. She told the family members that she did so as she was feeling ashamed of the incident. Victim died later on. Accused and appellant were charged under sections 376 and 506 IPC. Trial Court convicted them under section 376(2) (g), but acquitted them under section E 506. Aggrieved by the order they filed appeals. During pendency of appeals accused died. High Court dismissed the appeal filed by appellant. Hence the present appeal. Respondent contended that appellant had facilitated accused to commit rape on victim and, therefore, it must be inferred that he was in concert with him. |
Judge | Honble Mr. Justice S. Rajendra Babu |
Neutral Citation | 2002 INSC 549 |
Petitioner | Ashok Kumar |
Respondent | State Of Haryana |
SCR | [2002] Supp. (5) S.C.R. 159 |
Judgement Date | 2002-12-17 |
Case Number | 734 |
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