Supreme Court of India · 2015-04-10
The Commnr., Trade Tax, U.P vs M/S.Malkhan S.Subhash Chandra
- Court
- Supreme Court of India
- Petitioner
- The Commnr., Trade Tax, U.P
- Respondent
- M/S.Malkhan S.Subhash Chandra
- Author
- Uday Umesh Lalit
- Bench
- Uday Umesh Lalit, Pinaki Chandra Ghose
Judgment text excerpt
The Supreme Court held that the acquittal of Respondent No.1 under Section 376(2)(f) IPC and Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was upheld due to insufficient evidence, particularly the lack of a test identification parade despite the victim's claim of being able to identify the assailant. The Court emphasized the need for corroborative evidence in sexual assault cases involving minors. The appeal was dismissed, affirming the High Court's decision.