VIKRAM NATH, SANJAY KAROL
State of Rajasthan – Appellant
Versus
Chatra – Respondent
Question 1? Question 2? Question 3?
Key Points: - The Court emphasizes protecting privacy of sexual-offence victims and appropriately handling victim identification in judgments. (!) - It discusses the standard of reasonable doubt in rape cases, including need for evidence-based, not merely imaginary or emotional doubts; reaffirming that absence of prosecutrix evidence is not always a negative for the prosecution. (!) (!) - It analyzes evaluation of child witnesses, outlining guidelines for competency, the potential need for corroboration, and careful scrutiny of their testimony, especially in cases involving a child victim of sexual assault; also cites the Gatekeeping role of the trial judge and the significance of circumstantial evidence in conviction. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)
JUDGMENT :
SANJAY KAROL, J.
1. Nearly forty years ago, on 3rd March 1986 happened an incident, that forever altered the trajectory of a minor girl’s life, who for the purposes of this judgment, shall be referred to as ‘V’[1[Identity concealed]]. She was discovered unconscious and bleeding from her private parts, by one Gulab Chand, after the respondent-accused had allegedly subjected her to sexual assault. The said Gulab Chand filed a report with the concerned police station on 4th March, 19862[Crime No. 31/86] - and now by way of this judgment, the matter shall be finally laid to rest. It is a matter of great sadness that this minor girl and her family have to go through nearly four decades of life, waiting to close this horrific chapter of her/their lives.
2. The State is before us, being aggrieved by the finding of acquittal recorded by the learned Single Judge of the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur3[In S.B Criminal Appeal No. 503/1987], vide judgment dated 12th July 2013 which set aside the finding of conviction entered by learned Sessions Judge, Tonk4[Sessions Trial 26/86] vide judgment dated 19th November 1987.
3. The FIR recorded the occurrence of
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(1) Privacy of victims of sexual offences must be protected.(2) Rape – Degree of certainty is required before a person can be either convicted or acquitted of a crime – Absence of evidence of prosecu....
(1) Rape of minor girl – In proving occurrence of an offence within a particular time frame, Court does not look for mathematical precision – Medical evidence is in nature of expert opinion and is co....
The presumption of innocence remains until proven guilty, and an acquittal should not be disturbed without compelling reasons.
The testimony of a child victim in sexual assault cases is sufficient for conviction if credible, highlighting the high standard of reliability required under the POCSO Act.
The court upheld the conviction for attempted rape based on the victim's testimony, corroborated by a witness and medical evidence, despite challenges regarding contradictions and lack of penetration....
As per Section 9(m) of Act, whoever commits sexual assault on a child below twelve years will come under definition of aggravated sexual assault.
The conviction of the appellant for sexual offences under IPC and the Goa Children's Act was upheld based on consistent testimony of the victim, emphasizing the necessity of protecting child victims ....
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