Abbas Ahmad Choudhary V/s State of Assam

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2009-11-25
Case No: 951 of 2004 and 477 of 2005
Case Type: Appeal (Criminal)
Judge Name: Harjit Singh Bedi & J.M.Panchal
Subject: Criminal Law-Life Imprisonment-Kidnapping - Abduction
Statutes / Acts: Indian Penal Code, 1860
Section: ss. 376/34 and 336/34
Bench Strength: Double Bench
Advocate: Shakeel Ahmed, Surya Kant and Ng. Jr. Luwang
State of Appellant(s): Assam
History of Case No: judgment of the High Court of Gauhati dated 26th March, 2004 w
Equal Citation Details :

2010 (1) SCR 869, 2010 (1)ACR1081 (SC), 2010(1) ALD(Cri) 915, 2010CriLJ2060, 2010 (1) N.C.C.575, 2010(2) SCALE308, (2010)12SCC115, (2011) 2SCC Cri)439

 

Case Note / Description :

In a matter of rape, though statement of prosecutrix must be given primary consideration, but at the same time the broad principle that the prosecution has to prove its case beyond reasonable doubt applies equally to a case of rape and there can be no presumption that a prosecutrix would always tell the entire story truthfully - Prosecutrix in her earlier statement has not attributed the offences of rape and kidnapping to one of the appellants - Therefore, in the light of contradictions, some doubt is created with regard to his involvement - He is accordingly acquitted - As regards the other appellant, statements of the prosecutrix and other witnesses are categoric - Prosecutrix clearly stated that she had been kidnapped and raped by this accused and the absconding accused - His appeal is, therefore, dismissed.

Indian Penal Code, 1860

 
 
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