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april 1968

Supreme Court of India · 1968-04-18

STATE OF BIHAR, ETC. vs KAPIL SINGH, ETC.

Citation / case number
SC 1965/316
Court
Supreme Court of India
Petitioner
STATE OF BIHAR, ETC.
Respondent
KAPIL SINGH, ETC.
Bench
BHARGAVA, VISHISHTHA

Judgment text excerpt

The Supreme Court held that the convictions of D and R under Sections 302 and 34 IPC could not be sustained due to the unreliability of the child witness's testimony. The Court found that the child's failure to disclose the names of the culprits immediately after the incident and her subsequent illegal confinement by police adversely affected the credibility of her evidence. The Court emphasized that the circumstances surrounding the child's testimony raised significant doubts about its veracity, leading to the acquittal of both D and R.

STATE OF BIHAR, ETC. vs KAPIL SINGH, ETC. · Niyam