Supreme Court · 2018 INSC 909 · Decided 28 September 2018

Hemudan Nanbha Gadhvi v. State of Gujarat

Court
Supreme Court of India
Citation
2018 INSC 909 · [2018] 12 S.C.R. 672
Case number
CRIMINAL APPEAL No. 913/2016
Decided
28 September 2018
Bench
RANJAN GOGOI, NAVIN SINHA, K.M. JOSEPH (3-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC Section 376(2)(f); CrPC Section 161; Evidence Act Section 45, 145

Headnote

Penal Code, 1860: s.376(2)(f) - Sexual assault on minor - Accused-appellant was identified by prosecutrix in test identification parade - However, six months later, while deposing during trial, the prosecutrix and the other minor eye-witness denied the sexual dock identification - Acquittal by trial court - High Court reversed the order of acquittal holding that the sexual assault on the prosecutrix was established by medical report and that the appellant had won over the prosecutrix by sheer passage of time and the consequent delay

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