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Criminal · Reportable judgment

Ganga Prasad Mahto vs State of Bihar & Anr.

Court
Supreme Court of India
Date
26 March 2019
Case No.
Criminal Appeal No. 526 of 2019
Result
Allowed
Bench
Abhay Manohar Sapre, Dinesh Maheshwari
Citation
[2019] 5 S.C.R. 21 : 2019 INSC 402
Supreme Court Reports [2019] 5 S.C.R. 21 : 2019 INSC 402
Headnote

Penal Code, 1860:

s. 376 – Rape – Conviction by courts below – On appeal, held: It is evident from the facts of the case that prosecution failed to prove the case beyond reasonable doubt – Accused is entitled to be acquitted.

Allowing the appeal, the Court

HELD: The complainant was not examined by the Doctor after the alleged incident. In absence of any medical examination done, the prosecution did not examine any doctor in the trial in support of their case. It was not disputed that similar type of complaints were being made in past by the complainant against other persons also and such complaints were later found false. It was also not disputed that there was enmity between the appellant and the husband of the prosecutrix, due to which their relations were not cordial. It had also come in evidence that the prosecutrix was in the habit of implicating all the persons by making wild allegations of such nature against those with whom she or/and her husband were having any kind of disputes. There was no eye witness to the alleged incident and the one, who was cited as witness, i.e., PW-2 was a chance witness on whose testimony, a charge of rape could not be established. So far as PW-1, husband of the complainant, is concerned, he admitted that he was away and returned to village the next day morning of the incident. In the light of the aforementioned reasons, the prosecution has failed to prove the case of rape alleged by the Complainant (PW-3) against the appellant beyond reasonable doubt. The appellant is acquitted from the charges leveled against him. [Paras 11, 12 and 14] [23-C-G; 24-B]

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. This appeal is directed against the final judgment and order dated 30.01.2014 passed by the High Court of Judicature at Patna in Crl.A. No.251 of 2002 whereby the High Court dismissed the appeal filed by the appellant herein and upheld the order dated 24.04.2002 of the 4th Additional District & Sessions Judge, Samastipur in Sessions Trial No.233 of 1999. 3. The appeal involves a short point as would be clear from the facts stated infra. 4. The appellant was prosecuted and eventually convicted for an off
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