Himmat v. State
Case brief
What is this about?
High Court of Rajasthan set aside the conviction and sentence under section 376 IPC due to material contradictions in the FIR timeline, lack of corroborating medical evidence for rape, and conflicting witness statements regarding the incident and recovery of evidence. Appellant was acquitted.
What did the court decide?
Accused acquitted; criminal appeal set aside; conviction and sentence quashed; bail bonds cancelled.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Appeal No. 370/1987
Himmat S/o Malku, by caste Mev, resident of Khanpur Mevan, P.S. Kishangarhbas, Distt. Alwar.
Versus
The State of Rajasthan
----Respondent
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HON'BLE MR. JUST&d
ERDHANBARDHAR
19/02/2020:
n filed by the accused
enging the judgment of passed by the Court of as (Alwar) in Sessions Case No.52/1986, wh nvicted and sentenced 'I , **,~~.w;,* >,>;" ,, . ' , -. *:: *%, ' ' ' the accused appellant fo?~l.the::offence~~.under section 376 IPC to
Issues for consideration
3 issues framed by the court
Whether the conviction in a rape case should be set aside due to discrepancies in the FIR timeline, lack of corroborating medical evidence, and statements of prosecution witnesses.
Whether the appellant is entitled to the benefit of doubt and acquittal based on contradictions in the version of events.
Whether the appellant should be granted bail pending potential Supreme Court appeal under Section 437A Cr.P.C.
Parties & counsel
- appellant
Himmat
- respondent
The State of Rajasthan
Coram
Goverdhan Bardhar
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · February
- Registered
- Case no.
- CRLA/370/1987
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