Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | ss.376(2)(g) and s.366 Penal Code 1860 |
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:ss.376(2)(g) and s.366 - Gang rape - Six accused convicted by trial court - Acquittal by High Court - Held: Prosecution case that the six accused committed gang rape on the prosecutrix has been established by her evidence and the evidence of her father as corroborated by medical evidence and FSL report - Judgment of High Court set aside and that of trial court convicting all accused of offences charged and sentencing them to 10 years RI and 4 years RI under the two counts, restored.s.376(2)(g), Explanation 1 - Gang rape - Presumption - Held: In the instant case as per medical evidence, four persons had committed rape on prosecutrix - Explanation 1 to s.376(2)(g) states that where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of the sub-section - It is, therefore, not necessary that prosecution should adduce clinching proof of a completed act of rape by each one of the accused on the victim.Evidence Act, 1872:s.114-A - Presumption in a gang rape u/s 376(2)(g), IPC - Held: Since prosecutrix has categorically said that sexual intercourse was committed by accused persons without her consent and forcibly, court has to draw the presumption that she did not give consent to the sexual intercourse committed on her by accused persons - The defence has not led any evidence to rebut the presumption - High Court could not have, therefore, held that there were circumstances to show that prosecutrix had gone on her own and on this ground acquitted the respondents - Penal Code, 1860- ss.376(2)(g).FIRGang rape - Four hours delay in filing FIR - Held: Delay has been sufficiently explained by informant. |
Judge | Hon'ble Mr. Justice A.K. Patnaik |
Neutral Citation | 2014 INSC 25 |
Petitioner | State Of Rajasthan |
Respondent | Roshan Khan & Ors. |
SCR | [2014] 1 S.C.R. 418 |
Judgement Date | 2014-01-15 |
Case Number | 79-80 |
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