Supreme Court · 2013 INSC 167 · Decided 15 March 2013
Rajesh Patel v. State of Jharkhand
- Court
- Supreme Court of India
- Citation
- 2013 INSC 167 · [2013] 2 S.C.R. 411
- Case number
- CRIMINAL APPEAL No. 1149/2008
- Decided
- 15 March 2013
- Bench
- C.K. PRASAD, V. GOPALA GOWDA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376; Constitution Article 136
Headnote
PENAL CODE, 1860: A B c s.376 - Conviction by courts below - Held: In the instant case, prosecution version as narrated by prosecutrix, is most i:nprobable and unnatural - The witness who is stated to have rescued the prosecutrix from the place of occurrence and the employer of the prosecutrix did - The doctor who medically examined the prosecutrix and the 10 were not examined - Courts below erred in holding that their non-examination did not prejudice the defence - Further, the inordinate delay of 11 days is fatal to prosecution case - The testimony of the prosecutrix is most unnatural and
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