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 as the prosecutrix failed to identify him as one of the assailants, stating she had never seen him. The Court emphasized the importance of victim identification in sexual assault cases and found that both the Trial Court and the High Court overlooked this critical aspect. Consequently, the appeal was allowed, and the conviction was set aside, discharging the bail warrant.