Supreme Court of India · 2005-11-17
State Of Himachal Pradesh vs Asha Ram
- Citation / case number
- AIR 2006 SUPREME COURT 381
- Court
- Supreme Court of India
- Petitioner
- State Of Himachal Pradesh
- Respondent
- Asha Ram
- Author
- H.K.Sema
- Bench
- H.K. Sema, P.P.Naolekar
Judgment text excerpt
The Supreme Court held that the acquittal of the accused under Section 376 IPC by the High Court was perverse, as it disregarded the evidence presented by the prosecution, including the testimonies of the prosecutrix and her sister. The Court emphasized that the absence of spermatozoa does not negate the occurrence of rape, and the credibility of the victim's testimony must be considered. The Supreme Court reinstated the conviction and sentence of the accused, affirming the Trial Court's judgment under Section 376 IPC.