SWAROOP SINGH versus STATE OF M.P.
The conviction is sustainable since the prosecutrix's account was cogent, convincing, and corroborated by other witnesses and medical evidence, and there was no evidence to doubt or contradict her version. Mere denial by the appellant and absence of motive for false implication reinforced the prosecution case.
- Parties
- Appellant: Swaroop Singh; Respondent: State of Madhya Pradesh
- Jurisdiction
- India
- Judgment Date
- 10 April 2013
- Procedural Posture
- Criminal Appeal / Supreme Court Determination of Appeal Against Conviction and Sentence Affirmed by High Court
- Outcome
- Appeal dismissed
- Legal Topics
- Rape, Criminal Intimidation, Evaluation of Evidence in Sexual Offences
Case Brief
Summary, issues, holding and outcome
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Parties
Swaroop Singh
Appellant
State of Madhya Pradesh
Respondent
Procedural Posture
Criminal Appeal / Supreme Court Determination of Appeal Against Conviction and Sentence Affirmed by High Court
Legal Issues
- 1 Whether the conviction of the appellant under section 376(1) and 506 Part II IPC is sustainable based on the evidence, particularly the version of the prosecutrix.
Ratio Decidendi
The conviction is sustainable since the prosecutrix's account was cogent, convincing, and corroborated by other witnesses and medical evidence, and there was no evidence to doubt or contradict her version. Mere denial by the appellant and absence of motive for false implication reinforced the prosecution case.
Court Disposition
Appeal dismissed
Orders
- No interference with convictions under sections 376(1) IPC and 506 Part II IPC
- Sentence of 7 years rigorous imprisonment with fine of Rs. 2,000, and default sentences, confirmed
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