Supreme Court of India
Masauddin Ahmed v. State of Assam
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the considered opinion that the prosecution failed to prove its case against the appellant beyond reasonable doubt.
Judgment, page 9
From the headnote
Evidence Act, 1872: s. 114 illustration (g) - It is the duty of the party to lead the best evidence in its possession which c could throw light on the issue in controversy and in case such a material evidence is withheld, the Court may draw adverse inference under s. 114 illustration (g) - On facts, doctor who examined the alleged rape victim opined that she was 18 1 years of age - According to the prosecutrix she was 13 years old - Prosecution examined the employer of the prosecutrix and his wife but did not examine any of her family members on the point of age - Thus adverse inference drawn
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Where later benches applied it
Of those, 1 relied on
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