Supreme Court · 2022 INSC 1032 · Decided 28 September 2022
Chotkau v. State of Uttar Pradesh
- Court
- Supreme Court of India
- Citation
- 2022 INSC 1032 · [2022] 9 S.C.R. 601
- Case number
- CRIMINAL APPEAL No. 361/2018
- Decided
- 28 September 2022
- Bench
- S. ABDUL NAZEER, A.S. BOPANNA, V. RAMASUBRAMANIAN (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376, 302; CrPC Section 366, 313, 157, 53, 53A, 157(1); Evidence Act Section 106
Headnote
Penal Code, 1860: ss.376, 302 - Rape and murder - Conviction for, and death sentence by courts below - Challenged - Held: There were very serious contradictions in the evidence tendered by prosecution witnesses on crucial aspects which made them completely untrustworthy Court trivialized the major contradictions to hold that the chain of circumstances was established unbroken - Delay of five days in transmitting the FIR to the jurisdictional court was fatal - Failure of the prosecution to subject the accused to medical examination when ocular
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