SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2003 Supreme(SC) 516

Y.K.SABHARWAL, H.K.SEMA
Visveswaran – Appellant
Versus
State Rep. By S. D. M. – Respondent


JUDGMENT

Y.K. Sabharwal, J.-The appellant has been convicted by the trial court for wrongful confinement (Section 346), abduction (Section 366) and rape (Section 376). On conviction, rigorous imprisonment for a period of seven years and fine of Rs. 10,000/- for offence under Section 376 and lesser punishments for other offences were imposed. The conviction and sentence has been maintained in appeal by the High Court in terms of the impugned judgment which is under challenge on grant of leave.

2. The appellant at the relevant time was posted as a Constable in the Prohibition Wing of Conoor Police Station. The victim, PW1, was a young, recently married rustic woman. The commission of crime on the person of the victim by a Police Constable has also been fully established and is not a matter in issue. The issue that has been raised in this appeal is about the identity of the accused.

3. The established facts are that during March 1989, PW1, her husband (PW2), Uncle of PW2 (PW4) and their other relatives pursuing the profession of lead coating to vessels/utensils, used to go from place to place for the purpose of their profession. At the relevant time, they were at Kethi in Udhagamandalam
















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top