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august 2008

Supreme Court of India · 2008-08-28

State Of H.P vs Suresh Kumar @ Chhotu

Citation / case number
AIR 2009 SUPREME COURT 1109
Court
Supreme Court of India
Petitioner
State Of H.P
Respondent
Suresh Kumar @ Chhotu
Author
Arijit Pasayat
Bench
Arijit Pasayat, P. Sathasivam, Aftab Alam

Judgment text excerpt

The Himachal Pradesh High Court acquitted the accused of charges under Sections 363, 366, and 376 IPC, finding insufficient evidence to support the conviction. The Court emphasized that the prosecution failed to establish the elements of kidnapping and rape beyond reasonable doubt, particularly noting the lack of corroborative evidence and the inconsistencies in the prosecutrix's testimony. The acquittal was based on the principle that the burden of proof lies with the prosecution, which was not met in this case.

State Of H.P vs Suresh Kumar @ Chhotu · Niyam