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Supreme Court of India

Md.all @ Guddu v. State of U.P.

Neutral citation
Reported as [2015] 3 S.C.R. 416
Bench Dipak Misra and N.V. Ramana JJ.
Decided 10 March 2015

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

We are of the considered opinion that 0 these st,Jbmissions have no merit in the light of the statutory presumption contained in Section 114-Aofthe Evidence Act, 1872 against the appellant, which in our· opinion remain unrebutted at the instance of the appellant.

Judgment, page 31

From the headnote

Penal code, 1860-ss. 363, 366 and 376- Conviction under, by courts below- On appeal, held: The accused were convicted without proper appreciation of evidence - In view of the unexplained delay in lodging FIR, non-examination of witness, the associated circumstances and the medical evidence, the testimony of the prosecutrix cannot be treated as so natural and truthful to inspire confidence - The accused were erroneously convicted. Constitution of India, 1950 - Art. 136 - Criminal appeal by special leave - Scope of- Held: In such appeal, Supreme Court normally does not appreciate evidence and

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