Supreme Court · 2012 INSC 243 · Decided 21 May 2012
Ramesh Harijan v. State of U.P.
- Court
- Supreme Court of India
- Citation
- 2012 INSC 243 · [2012] 6 S.C.R. 688
- Case number
- CRIMINAL APPEAL No. 1340/2007
- Decided
- 21 May 2012
- Bench
- B.S. CHAUHAN, DIPAK MISRA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 376
Headnote
Penal Code, 1860 - ss. 302 and 376 - Rape and murder of a minor girl aged 5-6 years - Deceased last seen with the C accused by two witnesses - Recovery of the part of bed sheet having blood and semen, in the presence of panch witnesses - Medical evidence supporting prosecution case - Acquittal by held: Appellate court to interfere with acquittal order only in D exceptional cases - In the instant case High Court rightly interfered with acquittal order - Acquittal order by trial court was illegal, unwarranted and was based on mis-appreciation of evidence as it gave undue weightage to
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