Supreme Court · 2009 INSC 851 · Decided 29 May 2009
State of H.P . v. Suresh Kumar @ DC
- Court
- Supreme Court of India
- Citation
- 2009 INSC 851 · [2009] 10 S.C.R. 143
- Case number
- CRIMINAL APPEAL No. 841/2002
- Decided
- 29 May 2009
- Bench
- MUKUNDAKAM SHARMA, B.S. CHAUHAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376, 342
Headnote
• Penal Code, 1860 - ss.376 and 342 - Rape of minor girl pursuant to wrongful confinement - Conviction of accused- c respondent - Set aside by High Court - Justification of - Held: Not justified - Accusation made by the two child witnesses i.e. the victim and her elder sister was cogent, tutoring - High Court • erroneously ignored their credible evidence and the statement D of their mother, which was further corroborated by medical evidence - This amounted to miscarriage of justice. According to the prosecution, the respondent raped PW3, a minor girl, after wrongfully
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