Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | prosecutrix benefit of doubt |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | PENAL CODE, 1860: s.376 - Conviction by courts below - Held: In the instant case, prosecution version as narrated by prosecutrix, is most improbable and unnatural - The witness who is stated to have rescued the prosecutrix from the place of occurrence and the employer of the prosecutrix did not support the prosecution case - The doctor who medically examined the prosecutrix and the 10 were not examined - Courts below erred in holding that their non-examination did not prejudice the defence - Further, the inordinate delay of 11 days is fatal to prosecution case - The testimony of the prosecutrix is most unnatural and improbable to believe and, therefore, it does not inspire confidence for acceptance of the same for sustaining the conviction and sentence - Prosecution case has created reasonable doubt - Therefore, the benefit of doubt must ensure to the appellant - The impugned judgment is set aside - Constitution of India, 1950 - Art.136.The appellant was prosecuted for committing rape on her acquaintance and class-mate, who was working as a nurse. The trial court convicted the appellant u/s 376 IPC and sentenced him to undergo 7 years RI. The High Court affirmed the conviction and the sentence. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2013 INSC 167 |
Petitioner | Rajesh Patel |
Respondent | State Of Jharkhand |
SCR | [2013] 2 S.C.R. 411 |
Judgement Date | 2013-03-15 |
Case Number | 1149 |
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