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Supreme Court of India 2019-02-12 allowed

PARKASH CHAND vs THE STATE OF HIMACHAL PRADESH

Bench: 3 — Ranjan Gogoi, Sanjay Kishan Kaul, K.M. Joseph

In Brief

The Supreme Court allowed a criminal appeal challenging the rape conviction of Parkash Chand under Sections 376 and 506 IPC. The Court found the prosecution case unsafe due to a seven-month delay in lodging the FIR without satisfactory explanation, lack of immediate medical examination, and material inconsistencies in witness testimony. The prosecutrix's sole testimony was not sufficiently corroborated by the alleged extra-judicial confessions to witnesses PW4 and PW5, whose accounts contradicted each other. The medical report also revealed the prosecutrix was accustomed to sexual intercourse, contrary to the force-rape narrative. The Court set aside the conviction and sentence, discharging the appellant's bail bonds."

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