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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