Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Evidence Act 1872-Section 3 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Evidence Act, 1872-Section 3-Penal Code, 1860-Section 376-Victim of offence of rape-Testimony-Reliability of-Held: Prosecutrix not being accomplice, her testimony can be relied upon without corroboration-However, if it is difficult to accept the version, direct or circumstantial evidence may be taken help of.Penal Code, 1860:Section 376-Rape-Offence of-Necessary ingredients-Held: To constitute offence of rape slightest penetration of penis is sufficient-Further rupture of hymen is not necessary but injuries on the body forms important piece of evidence-Evidence Act, 1872-Section 3.Sections 3 76, 511 and 354-Allegation of commission of offence of rape against accused-Conviction-High Court upholding the same-On appeal, held, there are discrepancies in the evidence of prosecutrix and also other witnesses-Medical evidence and also evidence of prosecutrix not referring to penetration-Further no material to show accused determined to have the sexual intercourse at all event thus case of attempt to commit rape under Sections 376/511 not made out-However, there was assault on prosecutrix-Hence accused convicted under Section 354 read with Section 34 and sentenced accordingly.Section 511-Attempt to commit offence-Essential ingredients-Discussed. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2004 INSC 93 |
Petitioner | Aman Kumar And Anr. |
Respondent | State Of Haryana |
SCR | [2004] 2 S.C.R. 237 |
Judgement Date | 2004-02-10 |
Case Number | 1016 |
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