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.