Supreme Court · 2013 INSC 639 · Decided 19 September 2013

Kaini Rajan v. State of Kerala

Court
Supreme Court of India
Citation
2013 INSC 639 · [2013] 10 S.C.R. 196
Case number
CRIMINAL APPEAL No. 1467/2013
Decided
19 September 2013
Bench
K.S. RADHAKRISHNAN, A.K. SIKRI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 376, 375, 417

Headnote

Penal Code, 1860 - s.376 - Rape - Allegation that appellant raped PW2 - PW2 had previous acquaintance with C appellant, he being her elder brother's friend - Conviction of appellant by Courts below - Propriety - Held: The alleged incident occurred early morning at 8.30 AM and the place of the road - If PW2 had made any semblance of resistance or made any hue and D cry it would have attracted large number of people from the locality - Further the FIR was lodged 10 months after the alleged incident- All these factors cast some shadow of doubt on the version of PW2 - Further, strange

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