Supreme Court · 1996 INSC 1340 · Decided 19 November 1996
State of Andhra Pradesh v. Gangula Satya Murthy
- Court
- Supreme Court of India
- Citation
- 1996 INSC 1340 · [1996] SUPP. 8 S.C.R. 808
- Case number
- CRIMINAL APPEAL No. 455/1996
- Decided
- 19 November 1996
- Bench
- A.S. ANAND, K.T. THOMAS (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 376; CrPC Section 293; Evidence Act Section 24, 25, 26
Headnote
Indian Penal Code, 1860-Sections 302, 376-Rape and murder­ Fnrcihle sexual intercourse-Inference can be drarvn fron1 circun1stances and medical evidence-The act of throttling indicating vehement resistance by the victim-Extra judicial confession of the accused-Conviction by C Trial Court-High and victim was habituated to sexual intercourse-On appeal, High Court's finding reversed-Held, Court should deal with rape cases with utmost sensitivity-Minor discrepancies should not be made the basis to throw out allegations of rape-Should not D cast stigma on the character of the deceased
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