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Supreme Court of India 2018-08-21 allowed

Sham Singh vs State of Haryana

Bench: 2 — Mohan M. Shantanagoudar

In Brief

The accused were convicted of rape after the trial court's initial acquittal was set aside by the High Court on appeal by the victim. On further appeal to the Supreme Court, the Court found the conviction was unsafe. The medical evidence showed no semen traces, no recent hymenal tear, and no injuries consistent with rape. The victim's testimony contained unexplained contradictions, particularly regarding a panchayat (village council) confession that addressed only a slapping incident, not rape. Material witnesses were not examined. The improbable scenario of rape occurring in the accused's house with multiple family members present, combined with evidence of longstanding family dispute, suggested false implication. The Court held conviction based on assumptions without credible corroboration violates the standard of proof beyond reasonable doubt and acquitted the appellant."

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Rape Criminal Procedure Evidence Burden of Proof

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