Supreme Court · 2009 INSC 858 · Decided 6 July 2009
Masauddin Ahmed v. State of Assam
- Court
- Supreme Court of India
- Citation
- 2009 INSC 858 · [2009] 9 S.C.R. 1135
- Case number
- CRIMINAL APPEAL No. 879/2004
- Decided
- 6 July 2009
- Bench
- MUKUNDAKAM SHARMA, B.S. CHAUHAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376; Evidence Act Section 114
Headnote
Evidence Act, 1872: s. 114 illustration (g) - It is the duty of the party to lead the best evidence in its possession which c could throw light on the issue in controversy and in case such a material evidence is withheld, the Court may draw adverse inference under s. 114 illustration (g) - On rape victim opined that she was 18 1 years of age - According to the prosecutrix she was 13 years D old - Prosecution examined the employer of the prosecutrix and his wife but did not examine any of her family members on the point of age - Thus adverse inference drawn - Penal Code, 1860 -
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