Sudesh v. State
Case brief
What is this about?
In an appeal against rape conviction, the High Court found that witness testimonies were inconsistent and medical evidence did not corroborate the allegation. Applying the benefit of doubt, the court acquitted the appellant and allowed the appeal.
What did the court decide?
Appellant acquitted of charges; conviction and sentence set aside; bail cancelled.
What the court decided
1
Court No. - 91
Case :- CRIMINAL APPEAL No. - 333 of 1992
Appellant :- Sudesh Respondent :- State Counsel for Appellant :- V.P. Srivastava,Mohit Singh Counsel for Respondent :- A.G.A.
Hon'ble Samit Gopal,J.
- The present appeal under Section 374 (2) Cr.P.C. has been filed by the appellant- Sudesh son of Jabar Singh against the judgement and order dated 25.1.1992 passed by the Special Judge, Moradabad in Sessions Trial No. 98 of 1991 convicting and sentencing the appellant under Section 376 I.P.C. for three years rigorous imprisonment along with fine of Rs.2,000/and in default of payment of fine to six months additional simple imprisonment. The trial court has ordered the sentences to run concurrently.
- The name of the prosecutrix is not being disclosed and mentioned in the present judgement in the light of directions of the Apex Court in various judgements and as per Section 228 of the Indian Penal Code. She is, thus, referred to as 'X' in the judgement.
- The prosecution case as per an application dated 26.6.1990 given by Yadram of which Baizul Khan is the scribe is that he is a resident of Moradabad. On 26.6.1990 at about 2:00 p.m. his daughter 'X' aged about 16 years had gone to the Jungle and was coming back home after digging a vegetable Ghuiyan . When she reached near the field of Jabar Singh Bishnoi, Sudesh met her and caught hold of both her hands and said that
Issues for consideration
1 issue framed by the court
Whether the accused is entitled to the benefit of doubt given conflicting witness testimony and lack of medical corroboration.
Parties & counsel
- appellant
Sudesh
- respondent
State
Coram
Samit Gopal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- CRLA/333/1992
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