Supreme Court · 2019 INSC 402 · Decided 26 March 2019
Ganga Prasad Mahto v. State of Bihar & ANR.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 402 · [2019] 5 S.C.R. 21
- Case number
- CRIMINAL APPEAL No. 526/2019
- Decided
- 26 March 2019
- Bench
- ABHAY MANOHAR SAPRE, DINESH MAHESHWARI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376
Headnote
Penal Code, 1860: s. 376 - Rape - Conviction by courts below - On appeal, held: It is evident from the facts of the case that prosecution failed to prove the case beyond reasonable doubt - Accused is entitled to be acquitted. Allowing the appeal, the Court HELD: The incident. In absence of any medical examination done, the prosecution did not examine any doctor in the trial in support of their case. It was not disputed that similar type of complaints were being made in past by the complainant against other persons also and such complaints were later
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