Supreme Court of India

Krishan Kumar Malik v. State of Haryana

Neutral citation

Bench Dalveer Bhandari and Deepak Verma JJ.

Decided 4 July 2011

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.

8 Supreme Court benches have cited this judgment.

What the Court ordered

Thus, appeal is hereby allowed. Judgment and order of conviction as recorded by the trial court and confirmed by learned Single Judge of the High Court qua the appellant are hereby set aside and quashed. The Appellant is acquitted of all the charges.

Judgment, Para 48

From the headnote

Penal Code, 1860: ss.376(2)(g) and 366 - Abduction of PW-9 (prosecutrix) from her aunt's house and subsequent gang-rape - Eight accused - Solitary evidence of the prosecutrix - Six accused convicted under s.366 while accused-appellant and another accused convicted under both s.366 and s.376(2)(g) - Conviction of appellant - Justification. - Held: Not justified - The evidence of the prosecutrix did not inspire confidence - She did not mention the name of appellant in the FIR, instead she described him as Gitta (Short statured) with beard, even though she was aware of his name - No explanation was offered by her in this regard.

Where later benches applied it

2023 Prakash Nishad @ Kewat Zinak Nishad v. State of Maharashtra relied on
2022 Chotkau v. State of Uttar Pradesh relied on
2020 Ganesan v. State Represented by its Inspector of Police relied on
2016 Dhal Singh Dewangan v. State of Chhattisgarh relied on
2025 Sushil Kumar Tiwari v. Hare Ram Sah & Ors. referred to
2023 Narendrasinh Keshubhai Zala v. State of Gujarat referred to
2022 Manoj & Ors v. State of Madhya Pradesh referred to
2020 Prasad @ Santosh Kumar v. The State of Bihar referred to

Of those, 4 relied on · 4 referred to

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