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Supreme Court of India 2018-08-23 allowed

Rajak Mohammad vs State of Himachal Pradesh

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

The appellant was acquitted by the trial court but the High Court reversed this and convicted him under IPC Sections 363 (abduction), 366 (abduction of a woman), and 376 (rape), sentencing him to concurrent terms of imprisonment. The Supreme Court allowed his appeal and set aside the conviction. The Court found that the prosecution failed to prove the prosecutrix was a minor—the age evidence relied on school records without examining the signatory, while radiological evidence showed 17-18 years, creating reasonable doubt. Additionally, the prosecutrix's trial testimony contradicted her prior police statement, and her 12-day association with the appellant without complaint undermined the rape allegation. The Court acquitted the appellant, applying the principle that doubt must benefit the accused.

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Criminal Law Sexual Offences Rape Abduction Proof of Age Reversal of Acquittal Criminal Evidence Burden of Proof

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