Supreme Court of India

Gagan Bihari Samal and Anr v. State of Orissa

Neutral citation
Reported as [1991] 2 S.C.R. 839
Bench B.C. Ray and S.C. Agrawal JJ.
Decided 9 July 1991

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.

What the Court ordered

For the reasons aforesaid we dismiss the appeal and uphold the conviction and sentence as found by the High Court.

Judgment, page 7

From the headnote

Constitution of India: Article 136-Special leave petition-Con­ cutrent findings of facts-Re-appraisal of evidence-Whether could be considered. Indian Penal Code, 1860: S. 376-Rape-Trial-Uncontroverted testimon)' of victim-Making out the offence against the accused persons-Conviction and sentence awarded° by trial court-Maintained by appellate court and High Court in revision-Validity of-Corro­ boration not the sine qua non for conviction. Evidence Act, 1872: S. 114A-Evidence-Victim girl subjected to sexual assault forcibly-Protest and struggle by victim-Absence of consent-Presumption of.

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