Supreme Court · 2005 INSC 68 · Decided 8 February 2005
State of U.P. v. Satish
- Court
- Supreme Court of India
- Citation
- 2005 INSC 68 · [2005] 1 S.C.R. 1132
- Case number
- CRIMINAL APPEAL No. 256/2005
- Decided
- 8 February 2005
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 376, 363, 366, 376(2), 201
Headnote
Penal Code-Sections 302 and 376-Rape followed by murder­ Conviction by trial Court on circumstantial evidence i.e. accused last seen C with deceased and recovery of undergarments of accused and deceased­ High Court ordering acquittal holding that circumstances not inspiring confidence-On was committed by the accused-Deposition of witnesses showed that deceased and accused were last seen together-High Court drew an adverse inference without indicating D any reason and hence not sustainable. Principle of Just desert-Proportion between crime and punishment­ The criminal law
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