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december 2012

Supreme Court of India · 2012-12-13

RADHAKRISHNA NAGESH vs STATE OF A.P.

Citation / case number
SC 2009/9349
Court
Supreme Court of India
Petitioner
RADHAKRISHNA NAGESH
Respondent
STATE OF A.P.
Author
Swatanter Kumar
Bench
GYAN SUDHA MISRA SWATANTER KUMAR

Judgment text excerpt

The Supreme Court held that the High Court exceeded its jurisdiction by reversing the acquittal of the appellant under Section 376 IPC, as the prosecution failed to establish the essential elements of the crime, particularly the occurrence of sexual intercourse. The Court emphasized the importance of corroborative evidence and the need for a higher standard of proof in sexual assault cases involving minors. The appeal was allowed, and the acquittal by the Trial Court was restored, reaffirming the principle that the burden of proof lies on the prosecution.

RADHAKRISHNA NAGESH vs STATE OF A.P. · Niyam