Supreme Court of India
Ganga Prasad Mahto v. State of Bihar & Anr.
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What the Court ordered
In view of the foregoing discussion, the appeal succeeds and is accordingly allowed.
Judgment, page 4
From the headnote
Penal Code, 1860: s. 376 – Rape – Conviction by courts below – On appeal, held: It is evident fr om the facts of the case that pr osecution failed to prove the case beyond r easonable doubt – Accused is entitled to be acquitted. Allowing the appeal, the Court HELD: The complainant was not examined by the Doctor after the alleged incident. In absence of any medical examination done, the prosecution did not examine any doctor in the trial in support of their case. It was not disputed that similar type of complaints were being made in past by the complainant against other persons also and such
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