DINESH JAISWAL versus STATE OF M. P.

DINESH JAISWAL versus STATE OF M. P.

Conviction cannot rest solely on prosecutrix's testimony when it does not inspire confidence and lacks corroboration; in exceptional circumstances, corroboration is required and prosecution's case must be believable to convict.

Parties
Appellant: Dinesh Jaiswal; Respondent: State of Madhya Pradesh; Respondent: Sunny Choudhary; Respondent: Shashank S. Parihar
Jurisdiction
India
Judgment Date
12 January 2010
Procedural Posture
Criminal Appeal / Appeal Against High Court Conviction and Sentence
Outcome
Appeal allowed; appellant acquitted
Legal Topics
Rape, Reliability of Prosecutrix Testimony, Corroboration
Criminal Law Rape Reliability of Prosecutrix Testimony Corroboration

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Parties

Dinesh Jaiswal

Appellant

State of Madhya Pradesh

Respondent

Sunny Choudhary

Respondent

Shashank S. Parihar

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Conviction and Sentence

Legal Issues

  1. 1 Whether conviction for rape can rest solely on prosecutrix's testimony without corroboration
  2. 2 Reliability of prosecutrix's account
  3. 3 Need for corroboration in exceptional cases

Ratio Decidendi

Conviction cannot rest solely on prosecutrix's testimony when it does not inspire confidence and lacks corroboration; in exceptional circumstances, corroboration is required and prosecution's case must be believable to convict.

Court Disposition

Appeal allowed; appellant acquitted

Orders

  • Impugned judgments set aside
  • Accused directed to be acquitted