Jayantibhai Chaturbhai Patel v. State of Gujarat; 2025 INSC 1443 - Rape Victim Turned Hostile
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Indian Penal Code 1860 - Section 376- Criminal Trial - Setting aside a concurrent conviction of rape accused, Supreme Court held: When the main witness of the prosecution, i.e. the victim herself, has not supported the case of the prosecution, it is not open for the Court to presume that she did not support the case of the prosecution because the accused has won over the said witness - Merely because the victim has levelled allegations against the accused in the FIR and the investigating officer has deposed before the Court with regard to the contents of the said FIR, it cannot be presumed that the allegations levelled in the FIR are true and correct unless the same is proved during the course of trial by leading cogent evidence. (Para 18-19)
Case Info
Case Information
- Case name: Jayantibhai Chaturbhai Patel v. State of Gujarat.
- Neutral citation: 2025 INSC 1443.
- Coram: Sanjay Karol, J.; Vipul M. Pancholi, J.
- Judgment date: December 16, 2025.
Caselaws and Citations
- State of Rajasthan v. Bhawani, (2003) 7 SCC 291.
- Paramjeet Singh v. State of Uttarakhand, (2010) 10 SCC 439.
- Lalita v. Vishwanath and Ors., 2025 SCC OnLine SC 370.
- Renuka Prasad v. State, 2025 SCC OnLine SC 1074.
- Pandurang Chandrakant Mhatre and Ors. v. State of Maharashtra, (2009) 10 SCC 773.
- Tameezuddin v. State, (2009) 15 SCC 566.
- Nirmal Premkumar and Anr. v. State, 2024 SCC OnLine SC 260.
- Sadashiv Hadbe v. State of Maharashtra, (2006) 10 SCC 92.
Statutes/Laws Referred
- Indian Penal Code, 1860: Section 376(2)(d).
- Code of Criminal Procedure, 1973: Section 313.
What happens when a rape victim turns hostile?
— CiteCase 🇮🇳 (@CiteCase) December 16, 2025
In this case, Trial Court convicted the rape accused. The High Court dismissed his appeal.#SupremeCourt acquitted him observing that it cannot be presumed that the victim did not support the prosecution case because the accused… https://t.co/wvLsbQGvq7 pic.twitter.com/jJwRb325cn