Supreme Court · 2011 INSC 437 · Decided 4 July 2011
Krishan Kumar Malik v. State of Haryana
- Court
- Supreme Court of India
- Citation
- 2011 INSC 437 · [2011] 8 S.C.R. 774
- Case number
- CRIMINAL APPEAL No. 1252/2011
- Decided
- 4 July 2011
- Bench
- DALVEER BHANDARI, DEEPAK VERMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376(2)(g), 366; CrPC Section 53A; Evidence Act Section 6
Headnote
Penal Code, 1860: c ss.376(2)(g) and 366 - Abduction of PW-9 (prosecutrix) from her aunt's house and subsequent gang-rape - Eight accused - Solitary evidence of the prosecutrix - Six accused convicted under s.366 while accused-appellant and another accused convicted under both s.366 and - Held: Not justified - The evidence of the prosecutrix did not inspire confidence - She did not mention the name of appellant in the FIR, instead she described him as Gitta (Short statured) with beard, even though she was aware of his name - · No explanation was E offered by her
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