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Narra Pedi Raju v Stae of Telegana
In this present case, the girl was a victim of rape and she had filed an FIR alleging rape from the accused. The victim according to her statements was raped on the night of 4th April in the year 2000 by the accused. She herself was the first witness to this case and the husband was the second witness. The accused however during the almost all stages of trial denied that he committed the offence of rape. Based upon the testimony of the two witnesses and the Trial Court convicted the accused. The Supreme Court however observed that both the witnesses that his the woman and her husband turned hostile during the course of the trial and did not guve proper testimonies. Despite such flawed testimonies, the Trial Court convicted the accused. An appeal was put before the Supreme Court.
Judgement
The Court found the conviction and the very procees of trial to be vitated in the present case and found the case of have no substantive merit but fraught with legal errors. A two judge bench consisting of Hon'ble Justices Deepak Gupta and Surya Kant set aside the conviction. It obsereved that
"The Trial Court virtually convicted the accused relying upon the statements recorded under Sections 154 and 161 of the Code of Criminal Procedure, 1973 (CrPC) and totally bypassing the statements made on oath in the Court.
No doubt, it is true that conviction in a case of rape can be based on the sole testimony of the prosecutrix. However, there is based on the sole testimony of the prosecutrix. However, there is one caveat, which is, that the statement should inspire confidence. This is a case of victim who is blowing hot and cold and changing her stand from time to time. Such a witness cannot be classified as a trustworthy witness and therefore based on her statement aloneit would not be proper to convict the accused. As already stated above, even the husband has not supported the victim.In view of the above, we allow the appeal and set aside the judgments of both the Courts below and acquit the accused."
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