SUNIL versus STATE OF HARYANA

SUNIL versus STATE OF HARYANA

Given the failure to establish the prosecutrix’s age through credible and primary evidence, numerous material infirmities in the prosecution case, and absence of sufficient corroboration for minority, it would be unsafe to uphold conviction; the accused is entitled to benefit of doubt.

Parties
Appellant: Sunil; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
04 December 2009
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal Against Conviction
Outcome
Appeal allowed; accused acquitted
Legal Topics
Proof of Age, Benefit of Doubt, Rape, Kidnapping, School Records as Evidence, Medical Evidence
Criminal Law Proof of Age Benefit of Doubt Rape Kidnapping School Records as Evidence Medical Evidence

Case Brief

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Parties

Sunil

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the prosecutrix was a minor at the time of the alleged offence
  2. 2 Whether the conviction was safe in the face of evidentiary infirmities regarding age

Ratio Decidendi

Given the failure to establish the prosecutrix’s age through credible and primary evidence, numerous material infirmities in the prosecution case, and absence of sufficient corroboration for minority, it would be unsafe to uphold conviction; the accused is entitled to benefit of doubt.

Court Disposition

Appeal allowed; accused acquitted

Orders

  • Appellant Sunil is acquitted of all charges and to be released forthwith unless required in any other case