VidhiSangh

Supreme Court of India · 08/05/2024

SELVAMANI versus THE STATE REP. BY THE INSPECTOR OF POLICE

[2024] 6 S.C.R. 653 · 2024 INSC 393

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Witnesses’ retraction during cross-examination months after their examination-in-chief did not erase dependable testimony. The survivor’s account of gang rape, supported by the prompt FIR, her judicial statement and medical evidence, remained sufficient despite her and relatives’ later reversal. The Court deprecated prolonged gaps permitting witnesses to be won over and upheld the concurrent conviction findings. The appeal by accused No.2 was dismissed.

Issues

  1. Whether later hostile testimony required rejection of incriminating examination-in-chief.
  2. Whether the remaining evidence sufficiently supported the appellant’s conviction.

Provisions considered

Held

Result

Appeal by accused No.2 dismissed; concurrent convictions and sentences upheld. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2024] 6 S.C.R. 653.