Category: Rape Case

Sham Singh Vs The State of Haryana-21/08/2018

Rape Case acquittal -Trial Court and the High Court have convicted the accused merely on conjectures and surmises. The Courts have come to the conclusion based on assumptions and not on legally acceptable evidence, but such assumptions were not well founded, inasmuch as such assumptions are not corroborated by any reliable evidence. Medical evidence does not support the case of the prosecution relating to offence of rape.

SANTOSH PRASAD @ SANTOSH KUMAR VS THE STATE OF BIHAR-14/2/2020

SUPREME COURT OF INDIA JUDGMENTS

Sections 376 and 450 of the IPC-It cannot be disputed that there can be a conviction solely based on the evidence of the prosecutrix. However, the evidence must be reliable and trustworthy. Therefore, now let us examine the evidence of the prosecutrix and consider whether in the facts and circumstances of the case is it safe to convict the accused solely based on the deposition of the prosecutrix, more particularly when neither the medical report/evidence supports nor other witnesses support and it has come on record that there was an enmity between both the parties.

Chaitu Lal Vs. State of Uttarakhand-20/11/2019

RAPE-The attempt to commit an offence begins when the accused commences to do an act with the necessary intention. In the present case, the accused appellant pounced upon the complainant victim, sat upon her and lifted her petticoat while the complainant victim protested against his advancements and wept.

Corroboration of testimony of prosecutrix as a condition for judicial reliance is not a requirement of law in Rape trial

A plethora of decisions by this Court as referred to above would show that once the statement of prosecutrix inspires confidence and accepted by the courts as such, conviction can be based only on the solitary evidence of the prosecutrix and no corroboration would be required unless there are compelling reasons which necessitate the courts for corroboration of her statement.