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Supreme Court of India 2018-09-28 dismissed

Hemudan Nanbha Gadhvi vs State of Gujarat

Bench: 3 — Navin Sinha

In Brief

A man was convicted of sexually assaulting a 9-year-old girl in 2004. The trial court acquitted him after the girl turned hostile at trial and denied the assault, but the High Court reversed the acquittal. The Supreme Court upheld the conviction, holding that T.I.P. identification combined with medical evidence confirming sexual assault, serological evidence linking the accused, and the F.I.R. were sufficient. The Court held that a hostile witness turning back on their evidence does not erase substantive proof of the crime, and the accused cannot escape conviction merely through witness intimidation over time. The appeal was dismissed.

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Criminal Law Sexual Assault Evidence Witness Identification Medical Evidence Hostile Witnesses Test Identification Parade Criminal Procedure

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