Supreme Court · 2025 INSC 1061 · Decided 1 September 2025
Sushil Kumar Tiwari v. Hare Ram Sah & ORS.
- Court
- Supreme Court of India
- Citation
- 2025 INSC 1061 · [2025] 9 S.C.R. 258
- Case number
- CRIMINAL APPEAL No. 3813/2025
- Decided
- 1 September 2025
- Bench
- SANJAY KUMAR, SATISH CHANDRA SHARMA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376(2), 4, 6; CrPC Section 223; Constitution; POCSO Act Section 4, 6
Headnote
Allegation against the respondent nos.1 and 2 that they raped a minor girl. It is admitted that they never committed the acts together and always acted separately. In light of the controversy involved in the instant case, the two question arise for consideration: i) in a grave error in acquitting the respondent nos.1 and 2 by holding that the prosecution failed to discharge its evidentiary burden as the evidence led by the prosecution was full of inconsistencies and contradictions; ii) whether the High Court erred in its finding that the trial was carried
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