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.