Supreme Court of India
Sudhakar and Anr. v. State of Maharashtra
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What the Court ordered
Before parting with the judgment we would, however, observe that in the present case the investigating as well as the prosecution B agency has not acted promptly and diligently as was expected under the circumstances.
Judgment, page 17
From the headnote
Criminal Law: Evidence Act, 1872: Section 32(/). Dying declaration- "Circumstances of the transaction "-Statement by deceased-Effect of-Deceased gave a statement to the police l ! days after the incident in which she alleged that she was raped by the accused-She committed suicide 5 112 months later-There was no evidence to suggest that c the deceased had committed suicide due to the humiliation suffered by her on account of rape-Moreover, her statement did not suggest that a person under normal circumstance would commit suicide after a period of 5 112 months-Held: Statement of the deceased is…
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