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Supreme Court of India 2018-10-30 allowed

State (Govt. of NCT of Delhi) vs Pankaj Chaudhary and Ors

Bench: 2 — R. Banumathi

In Brief

A trial court convicted four men of gang rape under Section 376(2)(g) IPC, sentencing each to ten years' imprisonment. The High Court overturned the conviction, relying on timing inconsistencies from a separate police FIR and departmental reports, and directed prosecution of investigating police officers for perjury. The Supreme Court reversed the High Court, holding that the victim's testimony was credible and properly corroborated by medical, forensic, and circumstantial evidence. The Court reaffirmed that a woman's alleged prior sexual conduct cannot discredit rape allegations or negate her right to refuse sexual intercourse. The Court also held that the High Court violated natural justice by making disparaging remarks against police without hearing them and failed to follow statutory procedure before ordering prosecutions. The conviction was restored and police directions were set aside.

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Criminal Law Rape Sexual Assault Evidence Victim Testimony Character Evidence Medical Jurisprudence Forensic Evidence Natural Justice Procedural Law Police Investigation False Evidence Appellate Review

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