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september 2004

Supreme Court of India · 2004-09-08

Sri Narayan Saha And Anr vs State Of Tripura

Citation / case number
AIR 2005 SUPREME COURT 1452
Court
Supreme Court of India
Petitioner
Sri Narayan Saha And Anr
Respondent
State Of Tripura
Author
Arijit Pasayat
Bench
Arijit Pasayat, C.K. Thakker

Judgment text excerpt

The Supreme Court upheld the conviction of the accused under Section 376 read with Section 34 IPC for the gang rape of a married woman, affirming the Trial Court's sentence of six years rigorous imprisonment and a fine. The Court ruled that the delay in lodging the FIR was adequately explained and emphasized that the victim's testimony, supported by her husband's account, did not require corroboration to be credible. The Court clarified that a victim of sexual violence is not an accomplice and her evidence should be given due weight, similar to that of an injured witness in physical assault cases.

Sri Narayan Saha And Anr vs State Of Tripura · Niyam