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Supreme Court of India 2020-02-14 allowed

SANTOSH PRASAD @ SANTOSH KUMAR vs THE STATE OF BIHAR

Bench: 2 — Ashok Bhushan, M.R. Shah

In Brief

The appellant was convicted by the Sessions Court and High Court for rape (Section 376 IPC) and criminal intimidation/trespass (Section 450 IPC) based solely on the prosecutrix's testimony. The Supreme Court allowed the appeal and acquitted the appellant. The Court held that while conviction for rape can rest on the prosecutrix's sole testimony, it must be of 'sterling quality'—absolutely trustworthy, consistent, and corroborated by supporting evidence. Here, the prosecutrix's account contained material contradictions, the medical report showed no physical evidence of rape, the FSL report was inconclusive, evidence showed prior enmity between parties, and independent witnesses did not support the prosecution. The Court concluded the prosecutrix's testimony failed the test of credibility and granted the benefit of doubt to the accused."

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Criminal Law Sexual Offences Evidence Rape Credibility of Witness Medical Evidence Burden of Proof

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