The Supreme Court has Affirmed the Conviction In Rape Case and Rejected Prosecuterix’s Affidavit That Her Complaint Against Accused Was Under Pressure.
CASE BACKGROUND
In the present case, An FIR was registered at the instance of the prosecutrix under Sections 376, 450 and 506-B IPC and Sections 3(1)(12) of the SC/ST (Prevention of Atrocities) Act. As many as eleven witnesses were examined by the prosecution and five witnesses were examined by the accused in his defence. The medical examination of the prosecutrix proved the incident of rape.
The Sessions Court Convicted the accused under Section 450 IPC and Section 376 (1) IPC. The High Court has affirmed the sentence imposed by the trial Court.
Being aggrieved thereby, the accused filed an appeal before Supreme Court.
Supreme Court Held that:
In view of the statements of witnesses, the affidavit filed by the prosecutrix in this Court stating that she had lodged the case against the accused under pressure, cannot be relied upon. Hence, we find no ground to interfere with the impugned Judgment and order passed by the High Court. The appeal is, accordingly, dismissed.
Read Order here:
