Supreme Court of India
State of H.p. v. Suresh Kumar @ Dc
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What the Court ordered
Accordingly, we set aside the order of acquittal passed by the High Court of s Himachal Pradesh and restore the judgment and order passed by the Sessions Judge, Bilaspur.
Judgment, page 12
From the headnote
Penal Code, 1860 - ss.376 and 342 - Rape of minor girl pursuant to wrongful confinement - Conviction of accused- c respondent - Set aside by High Court - Justification of - Held: Not justified - Accusation made by the two child witnesses i.e. the victim and her elder sister was cogent, credible and not influenced by any tutoring - High Court • erroneously ignored their credible evidence and the statement of their mother, which was further corroborated by medical evidence - This amounted to miscarriage of justice. According to the prosecution, the respondent raped PW3, a minor girl, after
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