Supreme Court of India · 2008-08-28
STATE OF H.P. vs SURESH KUMAR @ CHHOTU
- Citation / case number
- SC 2002/63215
- Court
- Supreme Court of India
- Petitioner
- STATE OF H.P.
- Respondent
- SURESH KUMAR @ CHHOTU
- Author
- ARIJIT PASAYAT,P. SATHASIVAM,AFTAB ALAM, ,
- 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 the need for corroborative evidence in sexual assault cases and noted that the prosecution failed to establish the elements of coercion and lack of consent. The judgment highlighted the importance of credible testimony and the burden of proof resting on the prosecution, ultimately leading to the reversal of the lower court's decision.