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.