Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 – s.376(2)(g) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860 – s.376(2)(g) – Case of the prosecutionthat accused-respondents, living in the neighbourhood of theprosecutrix entered her jhuggi on 28.07.1997 at about 9.00 pmand raped her – Trial court convicted the respondents – High Courtset aside the conviction and issued directions to lodge complaintagainst the police officials for fabricating false case against therespondents – Plea of respondents that Prosecutrix was of badcharacter and indulged in prostitution and since they lodgedcomplaint against her, therefore, they were falsely implicated – Held:Trial Court which had the opportunity of observing the prosecutrix,found the testimony of the prosecutrix reliable being corroboratedby her mother’s evidence, medical evidence, FSL report and othercircumstances viz. absence of motive for any false implication etc.– Reasoning of the High Court that the prosecutrix along with someladies was arrested in connection with an FIR No.558/97 (registeredregarding a quarrel at 07.30 pm on 28.07.1997 involving sexworkers including the prosecutrix) and that the ladies must haveremained with the custody of police till 09.20pm, proceeds onpresumptive footing and surmises – Evidence of DWs 1 and 2 clearlyshow that the prosecutrix was let out by the police at or about 08.20pm on 28.07.1997 – High Court failed to appreciate their testimonies– Mere fact that FIR No.558/97 was registered at 09.20pm does notindicate that the prosecutrix and other quarrelling ladies were inthe police custody till 09.30 pm on 28.07.1997 (with respect to theoffence in the said FIR) – Placing of heavy reliance by the HighCourt upon the contents in FIR No.558/97 was not correct – HighCourt erred in taking into consideration the materials producedbefore the appellate court viz., the alleged complaints made againstthe prosecutrix and other women alleging that they were engagedin prostitution – Even assuming that the prosecutrix was of easyvirtue, she has right to refuse to submit herself to sexual intercourseto anyone – Further, without hearing the police officials and basedon the materials produced as additional evidence, High Court wasnot right in issuing direction to lodge complaint against the policeofficials – Judgment of the High Court set aside – Conviction of therespondents affirmed. Code of Criminal Procedure,1973 – s.391 – Power under –Scope of – Discussed.Code of Criminal Procedure,1973– s.340– Pre-conditions forinitiating proceedings under – Discussed.Evidence – Rape – Sole testimony of the prosecutrix –Appreciation of – Discussed. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2018 INSC 1017 |
Petitioner | State (govt. Of Nct Of Delhi) |
Respondent | Pankaj Chaudhary And Ors. |
SCR | [2018] 14 S.C.R. 78 |
Judgement Date | 2018-10-30 |
Case Number | 2299 |
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