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february 2019

Supreme Court of India · 2019-02-12

PARKASH CHAND vs THE STATE OF HIMACHAL PRADESH

Citation / case number
SC 2010/22819
Court
Supreme Court of India
Petitioner
PARKASH CHAND
Respondent
THE STATE OF HIMACHAL PRADESH
Author
HON'BLE MR. JUSTICE K.M. JOSEPH
Bench
HON'BLE THE CHIEF JUSTICE RANJAN GOGOI, HON'BLE MR. JUSTICE SANJAY KISHAN KAUL, HON'BLE MR. JUSTICE K.M. JOSEPH

Judgment text excerpt

The Supreme Court upheld the conviction of the appellant under Sections 376 and 506 IPC, affirming the trial court's decision despite the appellant's arguments regarding the delay in filing the FIR, which was lodged 7 months after the incident. The Court emphasized that the testimony of the prosecutrix was credible and corroborated by other evidence, including an extra-judicial confession made by the appellant. The Court distinguished the case from Vijayan v. State of Kerala, noting that the circumstances of delay in that case were different, and thus the conviction was maintained.

PARKASH CHAND vs THE STATE OF HIMACHAL PRADESH · Niyam