Supreme Court · 2008 INSC 1210 · Decided 22 October 2008

Bal Kishan v. STATE. of Himachal Pradesh

Court
Supreme Court of India
Citation
2008 INSC 1210 · [2008] 14 S.C.R. 1026
Case number
CRIMINAL APPEAL No. 1659/2008
Decided
22 October 2008
Bench
ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 452, 323, 376(2)(g)

Headnote

.. 'y Penal Code, 1860- ss. 452, 323 rlw s. 34 ands. 376(2)(g) c - Conviction under - Prosecution case that accused along with others committed rape on prosecutrix - Conviction by courts below - Challenge to, by accused - Held: Prosecution failed to prove accusations as regard the accused - It did to show presence of accused at the place D of occurrence or to have participated in the crime - Test iden- tification parade did not meet requirements of law - Hence, x accused is acquitted - Evidence. According to the prosecution case, on the fateful day, the appellant along with others

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