Supreme Court of India · 2005-09-29
STATE OF M P vs DAYAL SAHU
- Citation / case number
- SC 1997/16825
- Court
- Supreme Court of India
- Petitioner
- STATE OF M P
- Respondent
- DAYAL SAHU
- Author
- H.K.SEMA
- Bench
- G.P.MATHUR H.K. SEMA
Judgment text excerpt
The Supreme Court held that the acquittal of Dayal Sahu under Section 376 IPC by the High Court was erroneous as it was based solely on the non-examination of a key witness, Dr. V.M. Pursule, which did not materially affect the prosecution's case. The Court emphasized that the testimonies of the prosecutrix and other witnesses were credible and sufficient to uphold the conviction. Consequently, the Supreme Court reversed the High Court's decision and restored the Trial Court's conviction and sentence of seven years imprisonment.