STATE OF UTTAR PRADESH versus BABUL NATH
The evidence of the eye-witness, corroborated by medical evidence, proved sexual assault constituting rape under Section 376 IPC. The High Court's acquittal was based on erroneous appreciation of evidence, ignoring vital medical findings and legal principles regarding the required proof for rape.
- Parties
- Appellant: State of Uttar Pradesh; Respondent: Babul Nath; Victim: Kumari Nirmala Devi
- Jurisdiction
- India
- Judgment Date
- 12 August 1994
- Procedural Posture
- Criminal Appeal / Appeal Against Acquittal Under Article 136 of the Constitution
- Outcome
- Appeal allowed; acquittal set aside; conviction and sentence restored.
- Legal Topics
- Rape, Evidence Appreciation, Appeal Against Acquittal, Crimes Against Children
Case Brief
Summary, issues, holding and outcome
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Parties
State of Uttar Pradesh
Appellant
Babul Nath
Respondent
Kumari Nirmala Devi
Victim
Procedural Posture
Criminal Appeal / Appeal Against Acquittal Under Article 136 of the Constitution
Legal Issues
- 1 Whether the evidence proved the offence of rape under Section 376 IPC
- 2 Whether the High Court erred in its assessment and appreciation of evidence leading to acquittal
Ratio Decidendi
The evidence of the eye-witness, corroborated by medical evidence, proved sexual assault constituting rape under Section 376 IPC. The High Court's acquittal was based on erroneous appreciation of evidence, ignoring vital medical findings and legal principles regarding the required proof for rape.
Court Disposition
Appeal allowed; acquittal set aside; conviction and sentence restored.
Orders
- The judgment and order of acquittal recorded by the High Court is set aside.
- The judgment of the Trial Court convicting and sentencing the respondent to five years rigorous imprisonment under Section 376 IPC is restored.
Full Case Text
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