THE COMMNR., TRADE TAX, U.P. vs M/S.MALKHAN S.SUBHASH CHANDRA

The Supreme Court overturned the High Court's dismissal of the appellant's revision, holding that the trial court's acquittal of the respondent under Section 376(2)(f) IPC and Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was erroneous. The Court emphasized the necessity of conducting a test identification parade, especially given the victim's age of approximately 10 years and the serious nature of the allegations. The Court remanded the case for retrial, underscoring the importance of proper procedural safeguards in cases involving minors.