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A man, who was accused of raping his cousin was released by the Supreme Court and it was observed that the trial court and the high court convicted the accused merely on the ground of presumption. It was also found out that the accused has already served the sentence of seven years out of total ten years which was imposed as punishment upon him by trial court
In the present case, Jai Singh and Sham Singh were accused of raping their minor cousin and the accused was initially acquitted by the trial court but on remand by the high court, the accused was convicted and the conviction was upheld by the high court. By then, Jai Singh had already completed the period of sentence imposed on him and therefore, Jai Singh approached the Apex Court.
The case appeared to be false, as observed by the Apex Court. It further said that it is not possible for one to commit rape in his own house in front of everyone and if the incident had actually taken place, then even the medical reports could have proved the same.
The Apex Court also found out that-
Therefore, the Apex Court held that the evidence of victim is unreliable since, they are not credible witnesses. The prosecution has tried to convict the accused merely on presumptions and the findings of the lower court are wrong and thus it will lead to miscarriage of justice, if the accused is convicted.
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