Supreme Court · 2010 INSC 294 · Decided 7 May 2010
Utpal Das & ANR. v. State of West Bengal
- Court
- Supreme Court of India
- Citation
- 2010 INSC 294 · [2010] 6 S.C.R. 495
- Case number
- CRIMINAL APPEAL No. 800/2007
- Decided
- 7 May 2010
- Bench
- B. SUDERSHAN REDDY, AFTAB ALAM (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376134, 376, 34; CrPC Section 164
Headnote
Penal Code, 1860: ss.376134- Conviction under- Held: Evidence of eye-witness supporting prosecution case ;.;.·There was no material contradiction in the evidence of prosecutrix c and eye-witness in order to disbelieve them - Prosecutrix was a grown up lady with 2 children and in such private parts wo1.1/d not in any manner support the case of defence - Plea of consensual sex, · raised for the first time' before Supreme. Court, thus not D .. sustainable - Crime against women - Rape. ·Code of Criminal Procedure, 1973: s.164' - FIR and s.164 statement .- Evidentiary
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