Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860-Sections 376 and 342 |
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-Sections 376 and 342-Rape and wrongful confinement-Past conduct of prosecutrix doubtful-Delay in filing FIR Prosecution case not corroborated by medical evidence-Conviction by Courts below-On appeal, held-Though such delay in lodging FIR is not serious and past conduct of prosecutrix is irrelevent, but in the facts of the case these/actors cast a serious doubt on prosecution case-Accused entitled to benefit of doubt and hence acquitted Criminal trial-Rape cases-Sole evidence of prosecutrix-Reliability on-Held, conviction can be based solely on the evidence of the prosecutrix, provided the same inspires confidence in the mind of the Court . Appellant-accused was prosecuted for offences u/s 376 and 324 IPC. Prosecution case was that prosecutrix was known to the accused, who was E her superior officer. She was called by the accused through PW2. She went along with PW2 to a place where she met the accused. From there the accused took her forcibly to his house at night, 120 km away from the house of prosecutrix and there he raped her. In the morning she was taken to the house of PW4 to whom she narrated the whole incident and on her advice gave a statement in writing. She claimed to have sustained injuries during the course of commission of offence but the same was not corroborated by medical evidence. The element of forcible taking away of the prosecutrix by the accused was lacking in her complaint. She claimed that the clothes which she was wearing at the time of commission of offence had seminal stains, which was not corroborated. Though she claimed to be virgin but medical evidence supported by her physical features revealed that she was habituated to sex. However, trial Court convicted the accused, and the conviction was upheld by High Court. In appeal to this Court, appellant contended that prosecution story was highly improbable in the facts and circumstances of the case; and that evidence of prosecutrix was not supported by medical evidence. |
Judge | Honble Mr. Justice K.G. Balakrishnan |
Neutral Citation | 2002 INSC 560 |
Petitioner | Sudhansu Sekhar Sahoo |
Respondent | State Of Orissa |
SCR | [2002] Supp. (5) S.C.R. 536 |
Judgement Date | 2002-12-18 |
Case Number | 646 |
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