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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 of rape under IPC Section 376(1) and housebreaking under Section 450 based solely on the prosecutrix's testimony. The High Court confirmed the conviction. On appeal, the Supreme Court quashed the conviction and acquitted the appellant. The Court found that the prosecutrix's testimony contained material contradictions, the narrative of the incident was not credible, medical evidence did not support rape (no injuries, no spermatozoa), FSL findings were inconclusive, there was prior enmity between parties, no independent witnesses corroborated the account, and there was unexplained delay in lodging the FIR. The Court held that sole reliance on prosecutrix testimony is permissible only if it is absolutely trustworthy and "sterling" in quality—here it failed that test, warranting acquittal.

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Criminal Law Rape Evidence Credibility of Witnesses Medical Evidence Prosecutrix Testimony Criminal Procedure

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