Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Evidence Act, 1872 (1 of 1872) Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: s.376(2)(f) – Sexual assault on minor –Accused-appellant was identified by prosecutrix in test identificationparade – However, six months later, while deposing during trial,the prosecutrix and the other minor eye-witness denied the sexualassault and also declined dock identification – Acquittal by trialcourt – High Court reversed the order of acquittal holding that thesexual assault on the prosecutrix was established by medical reportand that the appellant had won over the prosecutrix by sheer passageof time and the consequent delay in trial but that it could not cometo the aid of the appellant in view of nature of evidence availableagainst him – On appeal, held: The corroboration of theidentification in T.I.P is found in the medical report of the prosecutrixin conjunction with the semen found on the clothes of the prosecutrixand the appellant belonging to the Group B of the appellant – Thevaginal smear and vaginal swab also confirmed the presence ofsemen – The facts and circumstances of the case, and the nature ofthe evidence available unequivocally established the appellant asthe perpetrator of sexual assault on the prosecutrix – The serologistreport was an expert opinion under s.45 of the Evidence Act andwas, therefore, admissible in evidence without being marked anexhibit formally or having to be proved by oral evidence – It wouldbe a travesty of justice in the peculiar facts of the instant case if theappellant is acquitted merely because the prosecutrix turned hostileand failed to identify the appellant in the dock, in view of the otheroverwhelming evidence available – Hostile witness – Crime againstWomen – Evidence Act, 1872 – s.45.Administration of criminal justice – Dispensation of justicein a criminal trial is a serious matter and cannot be allowed tobecome a mockery by simply allowing prime prosecution witnessesto turn hostile as a ground for acquittal – Penal Code, 1860 –s.376(2)(f). |
Judge | Hon'ble Mr. Justice Navin Sinha |
Neutral Citation | 2018 INSC 909 |
Petitioner | Hemudan Nanbha Gadhvi |
Respondent | State Of Gujarat |
SCR | [2018] 12 S.C.R. 672 |
Judgement Date | 2018-09-28 |
Case Number | 913 |
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