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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