Supreme Court of India
Ms.s v. Sunil Kumar & Anr.
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What the Court ordered
We hold that the case against C Respondent No.1 stands proved.
Judgment, page 9
From the headnote
Penal Code, 1860: s.376(2)(f) - Rape - Trial Court recorded finding that statements of prosecution witnesses established the fact that prosecutrix was subjected to rape, o however the prosecution witnesses failed to identify respondent no. 1 -Although prosecutrix identified accused respondent in court, trial court observed that in the absence of any prior test identification parade, such identification in court for the first time was not sufficient and acquitted accused- respondent - Held: Normally identification of the accused in a test identification parade lends assurance so that the
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