Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | PENAL CODE 1860 3661149 3421149 3231149 4521149 506 (2)1149 /PC and S. 25(1) (a) of the Arms Ac 386 read with ss.148 ss.376 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | PENAL CODE 1860:ss.376,386 read with ss.148,, 4521149, 3661149, 3421149, 3231149, 506 (2)1149 IPC and S. 25(1) (a) of the Arms Act- Allegation against main accused that he threatened the prosecutrix and her family members and married the prosecutrix and raped her - Other accused prosecuted for various other offences -Conviction by trial court-Acquittal by High Court holding that the father and the brother of prosecutrix acted as vakils of the prosecutrix and gave consent for the marriage and in consideration Mehar was given and there was a/so a valid Nikahnama - Held: The judgement of the High Court cannot be faulted with and the findings given by it are perfectly justified - Judgement of High Court acquitting the accused persons is confirmed -Appeal against acquittal.Constitution of India, 1950:Article 136 - Appeal against acquittal - Held: Burden is on the prosecution to prove and justify its case that findings of High Court in acquitting the accused were perverse and were not justifiable and that the High Court miserably failed to do justice and inferences drawn by if are not possible or could not have been drawn in law - In the instant case, the prosecution has failed to discharge the burden - Penal Code, 1860- ss. 376 and 386 read with ss. 148, 4521149, 3771149, 2421149, 3231149, 506 (2)1149 IPC-Arms Act, 1951- s.25(1) (a) - Appeal. |
Judge | Hon'ble Mr. Justice V.S. Sirpurkar |
Neutral Citation | 2011 INSC 358 |
Petitioner | State Of Maharashtra |
Respondent | Ravikant Shankarappa Patil & Ors. |
SCR | [2011] 5 S.C.R. 1180 |
Judgement Date | 2011-05-05 |
Case Number | 262-263 |
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