Supreme Court · 2012 INSC 249 · Decided 25 May 2012

Narender Kumar v. State (Nct) of Delhi

Court
Supreme Court of India
Citation
2012 INSC 249 · [2012] 6 S.C.R. 148
Case number
CRIMINAL APPEAL No. 2066/2009
Decided
25 May 2012
Bench
B.S. CHAUHAN, DIPAK MISRA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 376; CrPC Section 164; Evidence Act Section 53, 54

Headnote

Penal Code, 1860 - s. 376 - Commission of offence under - Conviction and sentence by the courts below on basis C of the testimony of the prosecutrix - On appeal, held: When the court finds it difficult to accept the version of the prosecutrix on its face value, it may search for evidence, direct to her testimony - On facts, it cannot be said that the prosecutrix was not knowing o the appellant prior to the incident - Facts and circumstances, make it crystal clear that if the evidence of the prosecutrix is read and considered in totality of the circumstances alongwith the other

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