Supreme Court · 2009 INSC 1262 · Decided 25 November 2009
Abbas Ahmad Choudhary v. State of Assam
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1262 · [2010] 1 S.C.R. 869
- Case number
- CRIMINAL APPEAL No. 951/2004
- Decided
- 25 November 2009
- Bench
- H.S. BEDI, J.M. PANCHAL (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376, 34, 336; CrPC
Headnote
Penal Code, 1860: A B ss. 376134 and 336134 - Evidence of prosecutrix - Out c of three accused fw(J convicted and sentenced as the third remained absconding - Appeal of convicts dismissed by High Court - HELD: In a matter of rape, though statement of prosecutrix must be given primary that the prosecution has to D prove its case beyond reasonable doubt applies equally to a case of rape and there can be no presumption that a prosecutrix would always tell the entire story truthfully - Prosecutrix in her earlier statement has not attributed the offences of rape and
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