Supreme Court of India · 2013-12-05
SISTER MINA LALITHA BARUWA vs STATE OF ORISSA .
- Citation / case number
- SC 2012/3521
- Court
- Supreme Court of India
- Petitioner
- SISTER MINA LALITHA BARUWA
- Respondent
- STATE OF ORISSA .
- Author
- Fakkir Mohamed Ibrahim Kalifulla
- Bench
- FAKKIR MOHAMED IBRAHIM KALIFULLA SURINDER SINGH NIJJAR
Judgment text excerpt
The Supreme Court addressed the appeal concerning the alleged gang rape and assault of the appellant, a Catholic Nun, during communal violence in Kandhamal District. The Court examined the validity of the Test Identification Parade conducted by PW-18, emphasizing the necessity of proper documentation as per Schedule XLVII of the Cr.P.C. The Court held that the absence of detailed statements regarding the behavior of the accused in the identification process could undermine the reliability of the identification, thereby impacting the prosecution's case.