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may 1983

Supreme Court of India · 1983-05-24

BHARWADA BHOGINBHAI HIRJIBHAI vs STATE OF GUJARAT

Citation / case number
SC 1977/61727
Court
Supreme Court of India
Petitioner
BHARWADA BHOGINBHAI HIRJIBHAI
Respondent
STATE OF GUJARAT
Author
M.P. THAKKAR
Bench
M.P. THAKKAR

Judgment text excerpt

The Supreme Court upheld the convictions under Section 342 IPC for wrongful confinement and Section 354 IPC for outraging the modesty of two young girls, while altering the conviction under Section 376 IPC to an attempt to commit rape. The Court clarified that a concurrent finding of fact by the Sessions Court and affirmed by the High Court cannot be reopened unless it is shown to be based on no evidence, perverse, built on inadmissible evidence, or overlooks vital evidence. The Court emphasized that minor discrepancies in witness testimonies do not undermine the core version of events, as witnesses cannot be expected to recall every detail accurately.

BHARWADA BHOGINBHAI HIRJIBHAI vs STATE OF GUJARAT · Niyam