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HOSHIARA v. STATE OF HARYANA

Supreme Court of India | Diary 35460/2025

Status

Order

Decided On

2026-02-23

Bench

HON'BLE MR. JUSTICE SANJAY KUMAR, HON'BLE MR. JUSTICE K. VINOD CHANDRAN

Petitioner

HOSHIARA

Respondent

STATE OF HARYANA

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Full Judgment Text

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2026 (arising out of SLP (Crl.) No. 15936/2025)

HOSHIARA APPELLANT(S) VERSUS

STATE OF HARYANA RESPONDENT(S)

O R D E R

Leave granted.

The conviction of the appellant,

Hoshiara, vide judgment dated 05.08.2013

passed by the Additional Sessions Judge,

Kaithal, Haryana, for offences punishable

under Sections 376D and 506 of the Indian

Penal Code, 1860 read with Section 34

thereof, stood confirmed by the High Court

of Punjab and Haryana at Chandigarh, vide

judgment dated 24.05.2019 passed in CRA-D-

1243-DB-2013. Pursuant to the aforestated

judgments, the appellant, Hoshiara, was

1

sentenced to undergo imprisonment for life

along with payment of fine, coupled with

default sentences. Aggrieved thereby, he

is before this Court.

During the pendency of this matter,

this Court took note of the depositions of

the victim (PW-9) and her brother (PW-10),

to the effect that the appellant,

Hoshiara, was not the culprit and granted

him interim bail on 10.11.2025, pending

final consideration of this matter.

Having perused the depositions of the

victim (PW-9) and her brother (PW-10) once

again and upon analyzing the judgment of

the trial court as well as the judgment of

the High Court in appeal, we find that a

clear contradiction is established between

the statement made by the victim (PW-9) in

her examination-in-...

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