Supreme Court of India

Rai Sandeep @ Deepu v. State of Nct of Delhi

Neutral citation

Bench Swatanter Kumar and Fakkir Mohamed Ibrahim Kalifulla JJ.

Decided 7 August 2012

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

The appeals are allowed. The judgment and order of conviction and sentence passed by the trial Court and confirmed by the High Court are hereby set aside. The appellants are acquitted of all the charges and they be set at liberty forthwith, if not required in any other case.

Judgment, 27

From the headnote

Penal Code, 1860: s.376(2)(g) - Gang rape - Evidence of prosecutrix- Two accused-appellants convicted and sentenced by courts below - Held: Apart from a total variation in the version of the prosecutrix as stated in the complaint, and as deposed before the court, the other two eye-witnesses, who were her niece and nephew, did not support the story of the prosecution - Further, there is a total somersault in her cross-examination - There are prevaricating statements of the prosecutrix herself in the implication of the accused to the alleged offence of gang rape - There are material variations as regards the identification of the accused persons as well as the manner in which the occurrence took place.

Authorities it was built on

1996 The State of Punjab v. Gurmit Singh Anr Ors. cited by 21
2005 State of Himachal Pradesh v. Asha Ram cited by 3
2008 Lalliram and Anr. v. State of M.P. cited by 1

Where later benches applied it

2023 Naresh @ Nehru v. State of Haryana relied on
2020 Ganesan v. State Represented by its Inspector of Police relied on
2020 Prasad @ Santosh Kumar v. The State of Bihar relied on
2013 Ganga Singh v. State of Madhya Pradesh referred to
2024 Selvamani v. The State Rep. by the Inspector of Police distinguished

Of those, 3 relied on · 1 distinguished · 1 referred to

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