A v. State & Anr.
Case brief
What is this about?
Petition for leave to appeal against acquittal in Section 376(2)(n) IPC case was dismissed. Court held Trial Court was justified as prosecutrix's statement showed clear improvement and unreliability, and prosecution had no explanation for delay or corroboration.
What did the court decide?
The leave to appeal petition is dismissed. The application for condonation of delay is also rejected.
What the court decided
$~6.
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- CRL.L.P. 77/2018
A
..... Petitioner
STATE & ANR
Through: Mr. Saurabh Kansal, Advocate versus ..... Respondent Through: Mr. Rajat Katyal, APP with Insp. Sataybir Singh, SI Usha Rani, PS Bindapur
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE P.S.TEJI
%
O R D E R 01.02.2018
Crl.M.A. No. 1915/2018
Exemption allowed, subject to all just exceptions. The application stands disposed of.
Issues for consideration
3 issues framed by the court
Whether the High Court should interfere with the Trial Court's acquittal in a rape case due to alleged delay in FIR and inconsistencies in the prosecutrix's statement.
Whether the prosecution's delay in disclosing the rape allegation and lack of corroborative evidence warrants setting aside the acquittal.
Whether the delay of 20 days in filing the leave petition under Section 303 CrPC should be condoned.
Parties & counsel
- petitioner
STATE & ANR
- respondent
RESPONDENT
Coram
VIPIN SANGHI
Case details
As recorded by the court registry
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