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Santosh Prasad @ Santosh Kumar vs. State of Bihar (SC)

42.00 4.20

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Penal Code, 1860–Secs. 376(1) & 450–Conviction–Sustainability–No other evidence except to deposition of prosecutrix–She admitted the fact of enmity with accused–Neither any violence mark on her body nor any sperm or RBC & WBC were found in the injury report–FSL report is also not helpful for prosecution–Statements as regard to identification of accused in the light of mobile and broken wall are found not true–Delay in lodging FIR–Solitary version of prosecutrix cannot be taken as a gospel truth–Appellant is entitled for benefit of doubt.