Supreme Court - Daily Orders
Tara Chand vs The State Of Himachal Pradesh on 8 August, 2018
Bench: Ranjan Gogoi, Navin Sinha, K.M. Joseph
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1309 OF 2008
TARA CHAND & ANR. ...APPELLANT(S)
VERSUS
STATE OF HIMACHAL PRADESH ...RESPONDENT(S)
O R D E R
1. None has appeared on behalf of the appellants. We have heard the learned counsel for the State of Himachal Pradesh.
2. By the impugned order, the High Court reversed the acquittal of the accused- appellants and convicted them for the offence under Section 376 of the Indian Penal Code. Sentence of rigorous imprisonment for ten years each has been imposed.
4. We have read and considered the evidence of the victim PW-3, PW-7 (Kanti Kumari), PW-11 (Yash Pal) and PW-12 (Subir Singh). The evidence of the victim PW-3 has been corroborated by what was deposed by her Signature Not Verified Digitally signed by NEETU KHAJURIA Date: 2018.08.10 friend PW-7 who was present at the place of 17:12:30 IST Reason: occurrence. However, the said witness (PW-7) had turned hostile. Be that as it may, the 2 evidence of PW-3 is corroborated by the evidence of PW-11, an eye-witness, and PW-12, brother of the victim, to whom she narrated the incident immediately after the same had occurred. The report of medical examination confirms the version given by the victim.
5. We are, therefore, of the view that the High Court was perfectly justified in reversing the acquittal of the accused- appellants as ordered by the learned trial Court.
6. The appeal is without any merit and is accordingly dismissed.
....................,J.
(RANJAN GOGOI) ....................,J.
(NAVIN SINHA) ....................,J.
(K.M. JOSEPH)
NEW DELHI
AUGUST 08, 2018
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ITEM NO.101 COURT NO.2 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No(s). 1309/2008
TARA CHAND & ANR. Appellant(s)
VERSUS
STATE OF HIMACHAL PRADESH Respondent(s)
(IA 13451/2008 FOR EX-PARTE STAY ) Date : 08-08-2018 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE MR. JUSTICE K.M. JOSEPH For Appellant(s) None For Respondent(s) Mr. Abhinav Mukerji, AOR Ms. Bihu Sharma, Adv.
Ms. Pratishtha Vij, Adv. UPON hearing the counsel the Court made the following O R D E R The appeal is dismissed in terms of the signed order.
Consequently, pending application(s), if any, shall stand disposed of. (NEETU KHAJURIA) (ASHA SONI) COURT MASTER BRANCH OFFICER (Signed order is placed on the file.)