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2001 Supreme(SC) 457

R.P.SETHI, K.T.THOMAS
Surjan – Appellant
Versus
State Of M. P. – Respondent


ORDER

Though this is a case of gang rape, we are left with the un-corroborated, highly belated and interested version of PW 1 Sewawati alone as against an array of accused persons. The Trial Court convicted six persons for the offence under Section 376, IPC and all of them were sentenced to undergo rigorous imprisonment for 10 years each. One among them (Girdhari) did not choose to file an appeal against the Trial Court s judgment. Perhaps he would have accepted the verdict passed against him. But the remaining convicted persons challenged the conviction and sentence before the High Court and by the impugned judgment, the High Court confirmed the conviction and sentence.

2. PW 1 Sewawati informed the police on 29-8-1985 that ten days prior to that date she was caught hold of by six persons including the appellants and all of them committed rape on her one-by-one. The version of PW1 was accepted by the Trial Court and the High Court by assuming that a lady like PW1 had no reason to falsely implicate the six persons for rape. The aforesaid argument adopted by the High Court is a fragile one on the fact situation in this case. We are not laying down a proposition of law that the uncorro








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