Supreme Court · 2011 INSC 349 · Decided 3 May 2011

Bhaiyamiyan @ Jardar Khan & ANR. v. State of Madhya Pradesh

Court
Supreme Court of India
Citation
2011 INSC 349 · [2011] 5 S.C.R. 1044
Case number
CRIMINAL APPEAL No. 802/2004
Decided
3 May 2011
Bench
H.S. BEDI, C.K. PRASAD (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 376(2)(g)

Headnote

Penal Code, 1860: s.376(2)(g) - Gang rape -A/legation C of - FIR lodged 60 hours after the incident at a police station about 22 km away from place of incident though police station of the village where incident took place was only 7 km away - Medical examination conducted in hospital 55 of the prosecutrix who refused to be medically D examined at place where FIR was lodged - As per medical evidence, no injury was found on person and there was no evidence of rape - Trial court found that prosecution case was doubtful and ordered acquittal - High Court held that order of

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