Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Appeal: Appeal against acquittal |
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 Dismissed |
Headnote | Appeal: Appeal against acquittal – Scope of interference –Prosecution case was that the respondent committed rape on thevictim-deceased due to which she was under depression andcommitted suicide by consuming poison – Conviction of respondentunder ss.376(1) and 306 IPC – High Court allowed the appealfiled by respondent and set aside his conviction – Appeal by Statechallenging acquittal relying on the evidence of 12 year old sisterof the deceased and her father – Held: PW-4, sister of the deceasedwho is 12 years of age, categorically stated in her cross-examinationthat she was threatened by the police and due to that, she had madea statement in support of the prosecution case – The uncorroboratedevidence of 12 year old girl is likely to have been tutored or underinfluence while giving her testimony and, therefore, cannot be reliedupon – The evidence of PW-3-father of deceased is also not credible– PW-3 who lodged Merg intimation on the day of incident hadstated therein that he had scolded her daughter i.e. the deceasedand resultantly she took poisonous substance – There was nomention in the Merg Intimation that the deceased told her fatherabout the commission of rape by respondent and that as a resultdeceased committed suicide due to depression or self-torment – Nocase made out for interference with the order of High Court – PenalCode, 1860 – ss.376(1) and 306. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2018 INSC 986 |
Petitioner | The State Of Madhya Pradesh |
Respondent | Rajaram @ Raja |
SCR | [2018] 14 S.C.R. 294 |
Judgement Date | 2018-10-24 |
Case Number | 637 |
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