Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code · 1860-Section 376 |
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-Section 376-Prosecution under-Version of Prosecutrix-Corroboration by 3 witnesses-Conviction by Trial Court Acquittal by High Court disbelieving the corroborating evidence and for nonavailability of Report of Chemical Examiner-On appeal, held: Accused was liable to be convicted in view of the evidence of the prosecutrix being free from any blemish and being duly corroborated by other witnesses. Evidence-Rape case-Version of prosecutrix-Evidentiary value of Held: Corroboration of version of prosecutrix by independent witness in every material particular is not a must-Where her version is free from blemish and implicitly reliable, then conviction can be recorded even on her sole testimony. Respondent-accused was tried u/s 450 and 376 IPC for having trespassed into the house of PW-1 and for having committed rape upon her. Prosecution case was that before the alleged incident respondent had misbehaved with prosecutrix, but could not cause any harm to her due to intervention of PW-9. Thereafter he entered the house of the prosecutrix with a knife and raped her. On her raising alarm PW-2 her mother, PW3 and PW-7 came there. She narrated the incident to her mother. On the next morning when she was going to lodge the report, she was intercepted by the accused and threatened. Hence she lodged the report after 5 days of the incident. Trial Court, relying on the evidence of the witnesses convicted the accused u/ss. 376 and 450. On appeal High Court upheld the conviction under Section 450 IPC reducing the sentence thereunder to already undergone. However, it set aside the conviction u/s. 376 IPC disbelieving the evidence of PWs 2, 3 and 7, and on the ground that the report of the chemical examiner with regard to the clothes of the prosecutrix and other items was not produced before the Court. Hence the present appeal questioning acquittal of the accused u/s. 376 IPC. |
Judge | Hon'ble Mr. Justice B.P. Singh |
Neutral Citation | 2005 INSC 207 |
Petitioner | State Of Rajasthan |
Respondent | Biram Lal |
SCR | [2005] 3 S.C.R. 580 |
Judgement Date | 2005-04-13 |
Case Number | 1292 |
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