STATE OF M.P. versus DAYAL SAHU

STATE OF M.P. versus DAYAL SAHU

Once the testimony of the prosecutrix inspires confidence and is corroborated in material particulars, conviction can be sustained on her solitary evidence. Non-examination of the doctor and non-production of medical reports are not fatal to the prosecution's case where the evidence is otherwise reliable. The High Court erred in granting benefit of doubt on technical grounds; reasonable doubt must be supported by substantial infirmity and not trivialities.

Parties
Appellant: State of M.P.; Respondent: Dayal Sahu
Jurisdiction
India
Judgment Date
29 September 2005
Procedural Posture
Criminal Appeal / Appeal Against Acquittal by High Court
Outcome
Appeal allowed; acquittal set aside, conviction and sentence restored
Legal Topics
Rape, Evidence, Benefit of Doubt
Criminal Law Rape Evidence Benefit of Doubt

Case Brief

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Parties

State of M.P.

Appellant

Dayal Sahu

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Acquittal by High Court

Legal Issues

  1. 1 Whether non-examination of the doctor who examined the prosecutrix and non-production of doctor's report is fatal to the prosecution's case
  2. 2 Whether conviction can be sustained on uncorroborated testimony of the prosecutrix
  3. 3 Appropriate standard for granting benefit of doubt in rape cases

Ratio Decidendi

Once the testimony of the prosecutrix inspires confidence and is corroborated in material particulars, conviction can be sustained on her solitary evidence. Non-examination of the doctor and non-production of medical reports are not fatal to the prosecution's case where the evidence is otherwise reliable. The High Court erred in granting benefit of doubt on technical grounds; reasonable doubt must be supported by substantial infirmity and not trivialities.

Court Disposition

Appeal allowed; acquittal set aside, conviction and sentence restored

Orders

  • Respondent Dayal Sahu's bail bonds and surety cancelled
  • Respondent to be taken into custody to serve remaining sentence