A Single Bench of Allahabad High Court comprising of Hon’ble Justice Suresh Kumar Gupta, while allowing a Criminal Appeal No. 414 of 1991 (Santosh and Another vs State) of a convict under section 376 IPC for 10 years rigorous imprisonment and under Section 366 IPC for 7 years rigorous imprisonment, observed as under:
“Therefore in the facts and circumstances of the case, the conviction of the accused on the basis of solitary testimony of the prosecutrix, is not sustainable for the reasons discussed above. Thus, the finding recorded by trial court cannot be affirmed.
Thus, this Court is of considered opinion that there is no scope to sustain the conviction of the accused appellants for commission of offence under Section 376 IPC or under Section 366 IPC and as a result, the accused appellants are entitled to the benefit of doubt as the prosecution has not been able to prove its case, beyond all reasonable doubts. Resultantly, for the reasons mentioned above, the appeal stands ‘allowed’.”