Supreme Court · 2009 INSC 7 · Decided 7 January 2009

Neku Khan & ORS. v. State of Rajasthan

Court
Supreme Court of India
Citation
2009 INSC 7 · [2009] 1 S.C.R. 70
Case number
CRIMINAL APPEAL No. 100/2002
Decided
7 January 2009
Bench
ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
Outcome
Disposed off
Case type
Criminal
Acts & sections cited
IPC Section 376, 147, 3231149, 342, 458, 323, 149, 366

Headnote

Penal Code, 1860- ss.376, 147, 3231149, 342, 458 and c 366 - Rape and abduction - Five accused - Conviction of, on the ground that they assaulted the brother of prosecutrix, abducted the prosecutrix and thereafter accused no. 1 raped her - Appeal against conviction - Held: Plea that prosecutrix therefore there was no rape D or abduction cannot be accepted, as there was no evidence of marriage - Conviction of accused no. 1 thus upheld - Conviction of accused no.2 also upheld as his role was clearly established from evidence of prosecutrix and two other PWs - However, conviction of

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