The same reasoning will apply to the appellants - The stand taken by the prosecutrix is same in respect of all the accused

Title of the Case: Avtar Singh & Anr Vs State of Punjab 

Head Notes:  Section 342 and 376(2)(g) IPC - The clothes of the prosecutrix handed over to the police were having stains of semen - No scientific evidence was produced to link the same with the accused - That the clothes which were handed over to the police station, belonged to the prosecutrix -  There are two different versions with reference to the manner of handing over the clothes of the prosecutrix to the police- There are several material discrepancies even in the statement of the mother of the prosecutrix - DW-2 completely denied this fact - One among the accused  was acquitted by the trial court noticing the stand of the prosecutrix that there was party faction in the village and both the parties belonged to different sections - The same reasoning will apply to the appellants as well for the reason that in the FIR, the stand taken by the prosecutrix is same in respect of all the accused, as far as the allegation of party faction is concerned

Court: Honourable Supreme Court of India 

Judges: Honourable Justice Hima Kohli & Rajesh Bindal

Date of Disposal : 02/08/2023

Citation/Case law