Jakir vs State Of M.P

The Supreme Court held that the conviction of the appellant under Section 366A and Section 376(2) IPC could not be sustained due to the lack of identification by the prosecutrix, who explicitly stated she did not recognize the appellant as one of her assailants. The Court found that both the Trial Court and the High Court failed to consider this crucial evidence, leading to a miscarriage of justice. Consequently, the appeal was allowed, and the conviction was overturned, discharging the bail warrant.