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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

The Supreme Court reversed the High Court's acquittal of four men convicted of gang rape under Section 376(2)(g) IPC and restored their conviction and ten-year prison sentences. The High Court had overturned the trial court's verdict based on timing inconsistencies between two separate FIRs filed on the same evening. The Supreme Court held that the prosecutrix's credible testimony, corroborated by medical evidence (bruises, torn clothing) and forensic evidence (matching semen/blood groups), was sufficient for conviction. The Court rejected arguments that the victim's alleged prior involvement in prostitution undermined her credibility or her right to refuse sexual intercourse. It also set aside the High Court's direction to prosecute the investigating police officers for perjury, finding that natural justice was violated and statutory procedures under Section 340 Cr.P.C. were not followed."

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Criminal Law Rape Evidence Character Evidence Prosecutrix Credibility Medical Evidence Forensic Evidence Appellate Procedure Natural Justice Disparaging Remarks

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