Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: s.376(2)(g) - Penal Code |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: s.376(2)(g) - Gang rape -Allegation of - FIR lodged 60 hours after the incident at a police station about 22 km away from place of incident though police station of the village where incident took place was only 7 km away- Medical examination conducted in hospital 55 kms away on insistence of the prosecutrix who refused to be medically examined at place where FIR was lodged - As per medical evidence, no injury was found on person and there was no evidence of rape - Trial court found that prosecution case was doubtful and ordered acquittal - High Court held that order of trial court was perverse and convicted the accused u/ s.376(2)(g) - On appeal, held: Explanation for delay in lodging FIR was unbelievable - Prosecution could not explain why prosecutrix insisted in medical examination at hospital 55 kms away - As per medical report, there was no injury on her genital and no evidence to show that she had been raped- Cumulative effect of evidence showed that view of trial court was possible - High Court ought not to have interfered with the decision of trial court - Conviction set aside - Appeal against acquittal. |
Judge | N/A |
Neutral Citation | 2011 INSC 349 |
Petitioner | Bhaiyamiyan @ Jardar Khan & Anr. |
Respondent | State Of Madhya Pradesh |
SCR | [2011] 5 S.C.R. 1044 |
Judgement Date | 2011-05-03 |
Case Number | 802 |
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