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.