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Head Note

Indian Penal Code,1860  - Section 376

Rape - Neither the evidence of parents of victim nor the evidence of victim PW- 2 Aruna, nor the evidence of child witnesses, who claim to have witnessed the incident, nor the medical evidence supports the prosecution case. Besides, all the pancha witnesses have turned hostile, a fact which we have noted with some anguish. A needle of suspicion does point out to the appellant because he is a police constable and in a small village where the incident took place, witnesses may be scared to depose against him because of his clout - But convictions cannot be based on suspicion, conjectures and surmises - The appellant is in jail. He is directed to be released forthwith, unless required in some other case - Conviction set aside.

Indian Penal Code,1860  - Section 376

Rape - Police Constable - If the trial of a criminal charge results in conviction, disciplinary proceedings are bound to follow against the public servant so convicted, but even in case of acquittal departmental proceedings may follow, when the acquittal is other than honourable.

Topic(s)-

Important Decision(s)- 

• Convictions cannot be based on suspicion, conjectures and surmises - Conviction set aside.
• If the trial of a criminal charge results in conviction, disciplinary proceedings are bound to follow against the public servant so convicted.
• Even in case of acquittal departmental proceedings may follow, when the acquittal is other than honourable.