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“If both the giver and the taker are penalised, no giver of dowry can be expected to come forward to make a complaint, being under the threat of being prosecuted himself.”
“In the present case, the absence of documentary proof establishing the seizure and custody of the alleged forensic article creates a reasonable doubt as to the authorship of the sexual act.”
The Supreme Court was of the opinion that the Rajasthan High Court seemed to have been primarily swayed by the delay in filing the complaint i.e. 13 months for granting bail in favour of the accused, without considering other important facts.
Supreme Court: In a ghastly case involving rape and murder of 2 children, the 3-judge bench of RF Nariman, Surya Kant and
Supreme Court: In a ghastly case involving rape and murder of 2 children, the 3-judge bench of RF Nariman, Surya Kant and