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july 1991

Supreme Court of India · 1991-07-09

GAGAN BIHARI SAMAL AND ANR. vs STATE OF ORISSA

Citation / case number
SC 1991/80322
Court
Supreme Court of India
Petitioner
GAGAN BIHARI SAMAL AND ANR.
Respondent
STATE OF ORISSA
Author
B.C. RAY
Bench
B.C. RAY

Judgment text excerpt

The Supreme Court upheld the conviction of the appellants under Section 376 IPC for rape, affirming that corroboration is not a prerequisite for conviction in such cases. The Court emphasized that the victim's uncontroverted testimony was sufficient to establish the offence, and the concurrent findings of the trial court and High Court were valid. The Court also noted that Section 114A of the Evidence Act creates a presumption of absence of consent in cases of sexual assault, reinforcing the conviction.

GAGAN BIHARI SAMAL AND ANR. vs STATE OF ORISSA · Niyam