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april 2002

Supreme Court of India · 2002-04-16

State Of Orissa vs Thakara Besra & Anrs

Citation / case number
AIR 2002 SUPREME COURT 1963
Court
Supreme Court of India
Petitioner
State Of Orissa
Respondent
Thakara Besra & Anrs
Bench
R.P. Sethi, D.M. Dharmadhikari

Judgment text excerpt

The Supreme Court overturned the High Court's acquittal of the accused under Section 376 IPC, emphasizing that the trial court's conviction was based on credible evidence from the prosecutrix, who provided a consistent account of the rape incident. The Court criticized the High Court for relying on insignificant infirmities in the testimony and for its flawed reasoning in acquitting the accused. The Supreme Court reinstated the conviction and upheld the five-year sentence imposed by the trial court, highlighting the importance of the prosecutrix's testimony and the corroborative medical evidence.

State Of Orissa vs Thakara Besra & Anrs · Niyam