The Supreme Court opined that to establish the offence of Section 376 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”), it is sufficient that the Court believes the version of Prosecutrix.
Further, it observed that if the police did not send seized articles to FSL for analysis, the same would not affect the case in a significant manner.
Brief Facts:
The Appellant has filed the present appeal against the judgments of the Sessions Court and High Court convicting him of offences under Sections 376 and 459 of the IPC.
Contentions of the Appellant:
The primary contention of the Appellant is that the evidence on record proves that the act was consensual and there were material contradictions and omissions in the deposition of the Prosecutrix. Another contention was that the clothes and undergarments of the Prosecutrix were not sent by the Police to FSL.
Observations of the Court:
The Apex Court observed that the statements of the Prosecutrix are consistent with the FIR and whatever contradictions, or omissions are present are insignificant and has no bearing on the case.
The Bench noted that there was nothing on record to discredit the version of the Prosecutrix. It was opined that to establish the offence of Section 376 IPC, it is sufficient that the Court believes the version of Prosecutrix and hence, if the police did not send seized articles to FSL for analysis, the same would not affect the case in a significant manner.
The decision of the Court:
Based on the abovementioned reasons, the Top Court held that the guilt of the Appellant was proved beyond reasonable doubt and hence, the appeal was dismissed.
Case Title: Somai v. State of M.P. (Now Chattisgarh)
Coram: Hon’ble Justice Sanjay Kishan Kaul, Hon’ble Justice Abhay S. Oka
Case No.: Criminal Appeal No. 497/2022
Advocates for Appellant: Advs. Mr. Abhishek Pandey, Mr. Mahesh Pandey, Mr. Siddharth Pandey, Mr. Satish Pandey, Ms. Shweta Mulchandani
Advocates for Respondent: Advs. Ms. Prachi Mishra, Mr. Dipesh Singhal, Mr. Gautum Narayan
Read Order @LatestLaws.com:
Picture Source :
