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Criminal · Reportable judgment

State of Himachal Pradesh vs Sanjay Kumar

Court
Supreme Court of India
Date
23 April 2025
Case No.
Criminal Appeal No(s). 595 of 2016
Result
Dismissed
Bench
Ahsanuddin Amanullah, Prashant Kumar Mishra
Citation
[2025] 4 S.C.R. 1708 : 2025 INSC 561
Acts & Sections
IPC CrPC
Supreme Court Reports [2025] 4 S.C.R. 1708 : 2025 INSC 561
Issue for consideration
Whether the High Court was justified in setting aside the conviction and sentence of the accused-A1 u/ss.363, 366, 376 and 201 r/w s.34, IPC and accused-A2 u/s.201 r/w s.34 and acquitting them.
Headnote

Penal Code, 1860 – ss.363, 366, 376, 201 r/w s.34 – High Court set aside the conviction and sentence of accused-A1 u/ss.363, 366, 376 and 201 r/w s.34, IPC and accused-A2 u/s.201 r/w s.34 and acquitted them – Correctness:

Held: Acquittal not interfered with – FIR was lodged regarding the abduction of the Prosecutrix, there is no allegation of rape in the FIR – There is material contradiction in the statement of the Prosecutrix as to the date of commission of rape – Since A1 was not with the Prosecutrix in the night of 31.03.2012 when she was in the house of co-accused-A2 and there is no allegation of rape against A2 in whose house she stayed on the next night, the High Court rightly held that the commission of rape by A1 is not proved – View taken by the High Court is plausible considering the evidence on record – Prosecution failed to establish the charges against the accused. [Paras 9-11]

Keywords: Commission of rape not proved · Kidnapping · Acquittal not interfered with · Material contradiction in statement of prosecutrix · No allegation of rape in the FIR · Section 164 of Criminal Procedure Code, 1973 · Date of commission of offence · Medical evidence · DNA profile

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

Full Judgment Text

Judgment Prashant Kumar Mishra, J. 1. These appeals would call in question, the impugned Judgment of acquittal dated 28.12.2015 passed by the High Court of Himachal Pradesh at Shimla in Criminal Appeal No. 4246 of 2013 and Criminal Appeal No. 4273 of 2013 setting aside the conviction and sentence of accused/Sanjay Kumar under Sections 363, 366, 376 and 201 read with Section 34 of the Indian Penal Code,1860,1 and accused/Chaman Shukla under Section 201 read with Section 34 IPC imposed by the Sessions Judge, Bilaspur (H.P.) in Sessions Trial No. 8/7 of 2012 arising out of FIR No. 47 of 2012 da
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