STATE (GOVT. OF NCT OF DELHI) versus PANKAJ CHAUDHARY AND ORS.

STATE (GOVT. OF NCT OF DELHI) versus PANKAJ CHAUDHARY AND ORS.

The trial court rightly convicted the respondents based on reliable evidence including the prosecutrix's testimony corroborated by medical and forensic reports. The High Court erred in setting aside the conviction and in placing unwarranted reliance on additional materials not properly proved. The legal principle that a woman, regardless of her character, has a right to refuse sexual intercourse and is entitled to protection of law was affirmed. Directions against police officials for perjury were set aside for lack of proper procedure and opportunity of hearing.

Parties
Appellant: State (Govt. of NCT of Delhi); Respondents: Pankaj Chaudhary and Ors.
Jurisdiction
India
Judgment Date
30 October 2018
Procedural Posture
Criminal Appeal / Appeal From Conviction and Directions, Supreme Court Decision
Outcome
Appeal allowed, conviction affirmed, High Court judgment set aside.
Legal Topics
Rape, Appreciation of Evidence, False Implication, Power to Take Additional Evidence, Initiation of Proceedings for Perjury
Criminal Law Rape Appreciation of Evidence False Implication Power to Take Additional Evidence Initiation of Proceedings for Perjury

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

State (Govt. of NCT of Delhi)

Appellant

Pankaj Chaudhary and Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal From Conviction and Directions, Supreme Court Decision

Legal Issues

  1. 1 Whether the conviction under s.376(2)(g) IPC should be affirmed
  2. 2 Whether the High Court erred in setting aside the conviction and issuing directions against police officials
  3. 3 Scope of Court's power under s.391 Cr.P.C. for taking additional evidence

Ratio Decidendi

The trial court rightly convicted the respondents based on reliable evidence including the prosecutrix's testimony corroborated by medical and forensic reports. The High Court erred in setting aside the conviction and in placing unwarranted reliance on additional materials not properly proved. The legal principle that a woman, regardless of her character, has a right to refuse sexual intercourse and is entitled to protection of law was affirmed. Directions against police officials for perjury were set aside for lack of proper procedure and opportunity of hearing.

Court Disposition

Appeal allowed, conviction affirmed, High Court judgment set aside.

Orders

  • Respondents-accused to surrender within four weeks to serve remaining sentence of ten years rigorous imprisonment under s.376(2)(g) IPC.
  • High Court's direction to lodge complaint against police officials is set aside.