Supreme Court · 2009 INSC 1166 · Decided 6 October 2009
Rathinam @ Rathinan v. State of Tamil Nadu and ANR.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1166 · [2010] 11 S.C.R. 871
- Case number
- CRIMINAL APPEAL No. 905/2007
- Decided
- 6 October 2009
- Bench
- H.S. BEDI, RAJENDRA MAL LODHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 201, 376, 302
Headnote
Penal Code, 1860: A B ss. 376, 302 and 201 - Rape and murder- For the same c incident, consequent upon the initial investigation another person was prosecuted - His trial ended in acquittal - During that trial, further investigation was ordered as a result of which the appellant was charged with of rape and murder - Acquittal by trial court - Conviction by High Court 0 - HELD: The testimony of the sole witness projected as the eye-witness of the crime was discarded by the trial court as his statement was recorded for the first time in the further investigation after four years of the
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