Supreme Court · 2008 INSC 1209 · Decided 22 October 2008

Sonu Kumar v. State of H.P.

Court
Supreme Court of India
Citation
2008 INSC 1209 · [2008] 14 S.C.R. 1019
Case number
CRIMINAL APPEAL No. 1660/2008
Decided
22 October 2008
Bench
ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 376(2)(g), 376(2)(9)

Headnote

A B Penal Code, 1860/Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - ss. 452 and 323 r/ C w s. 34 and s. 376 (2) (g)I s. 3 (x) - Commission of rape of woman belonging to Scheduled Caste - Offence committed by six accused -In Test Identification Parade, prosecutrix - The five accused convicted by courts below - However, courts holding that Tl Parade was not 0 conforming to the requirement of Law - Appeal by one of the accused - Held: Presence of the appellant-accused at the spot of occurrence or his participation in crime not proved - Hence acquitted. ,

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