Supreme Court · 2015 INSC 311 · Decided 10 April 2015
MS.S v. Sunil Kumar & ANR.
- Court
- Supreme Court of India
- Citation
- 2015 INSC 311 · [2015] 5 S.C.R. 274
- Case number
- CRIMINAL APPEAL No. 1581/2009
- Decided
- 10 April 2015
- Bench
- PINAKI CHANDRA GHOSE, UDAY UMESH LALIT (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376(2)(f), 376(1), 3(2)(V), 228A
Headnote
Penal Code, 1860: s.376(2)(f) - Rape - Trial Court recorded finding that statements of prosecution witnesses established the fact that prosecutrix was subjected to rape, o however the prosecution witnesses failed to identify respondent no. 1 -Although prosecutrix identified accused­ respondent the absence of any prior test identification parade, such identification in court for the first time was not sufficient and acquitted accused- E respondent - Held: Normally identification of the accused in a test identification parade lends assurance so that the subsequent identification in court
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