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Supreme Court of India 2021-12-01 dismissed

Phool Singh vs State of Madhya Pradesh

Bench: 2 — M.R. Shah

In Brief

Phool Singh was convicted of rape under Section 376 IPC after trial and the High Court upheld his conviction. He appealed, arguing that the conviction rested solely on the victim's testimony, that the absence of medical injuries indicated consent, and that the defence alibi witness proved he was elsewhere. The Supreme Court dismissed the appeal, holding that conviction can rest entirely on the credible and consistent testimony of the victim if it inspires confidence. The Court rejected the alibi as unsupported by credible witnesses or documentary evidence, and held that absence of injuries does not imply consent. The three-day delay in filing the FIR was justified by the victim's family resistance. The Court upheld the seven-year rigorous imprisonment sentence, finding no special reasons to reduce it.

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Criminal Law Rape and Sexual Assault Evidence Victim Testimony Credibility Assessment Alibi Defence Sentencing Criminal Procedure

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