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Vijay @ Chinee v. State of Madhya Pradesh — Medical evidence of victim’s age; TIP omission held immaterial

Part of the Forensic Docket on Legal Desire Forensics — a conviction confirmed through final appeal, kept here as a method-of-crime record.

The facts

The appellant and others were convicted under Section 376(2)(g)/34 IPC for gang rape.

The Supreme Court held the conviction justified, relying on the doctor’s statement that the prosecutrix was a minor at the relevant time, her consistent account of being forcibly caught and threatened before being subjected to gang rape, and the fact that the place and circumstances of the occurrence were not disputed.

Discrepancies in the prosecutrix’s statement and the rest of the evidence were held immaterial, and the prosecution’s failure to hold a Test Identification Parade was held not to affect the conviction in the circumstances of the case.

Status: conviction upheld through final appeal.

Why this belongs in the Forensic Docket: Medical evidence of a victim’s age and a consistent survivor account can carry a gang-rape conviction even where a Test Identification Parade was never held — the TIP is a tool for identification doubt, not a mandatory box to tick in every case.

Case details

Citation[2010] 8 S.C.R. 1150
Case numberCriminal Appeal No. 660/2008
CourtIndian Supreme Court
Decided2010-07-27
ModuleMO Archive

Read the full judgment (PDF), sourced from the Indian Supreme Court Judgments open dataset (AWS Open Data Registry, CC-BY-4.0).

Explore more in the Forensic Docket or browse the full Forensics hub.

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