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may 2011

Supreme Court of India · 2011-05-03

Bhaiyamiyan @ Jardar Khan & Anr vs State Of Madhya Pradesh

Citation / case number
AIR 2011 SUPREME COURT 2218
Court
Supreme Court of India
Petitioner
Bhaiyamiyan @ Jardar Khan & Anr
Respondent
State Of Madhya Pradesh
Bench
Chandramauli Kr. Prasad, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court held that the High Court's interference in the acquittal of the accused under Section 376(2)(g) IPC was unwarranted as the Trial Court's view was plausible based on the evidence presented. The Court emphasized that the delay of 60 hours in lodging the FIR and the contradictions in the prosecutrix's statements, along with the absence of medical evidence supporting the claim of rape, warranted the acquittal. The Court ultimately upheld the Trial Court's decision, reinforcing the principle that if two views are possible, the appellate court should not interfere with the Trial Court's findings.

Bhaiyamiyan @ Jardar Khan & Anr vs State Of Madhya Pradesh · Niyam