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SANJAY KAROL, K. V. VISWANATHAN
Raju @ Umakant – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT :
K.V. Viswanathan, J.
1. Leave granted.
2. The present appeal challenges the judgment and order of the Division Bench of the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No. 2324 of 2006. By the said judgment, the High Court confirmed the conviction and sentence imposed on the appellant by the Special Judge, (SC/ST Prevention of Atrocities) Act, Katni, Madhya Pradesh in Special Sessions Case No. 140 of 2004 and Special Sessions Case No. 136 of 2005. The appellant thus stands convicted for offences punishable under Sections 366, 376(2)(g) and 342 of the Indian Penal Code, 1860 (for short ‘IPC’) and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘1989 Act’). For the offence punishable under Section 366 IPC, the appellant has been sentenced to 5 years rigorous imprisonment with a fine of Rs. 2000/- and, in default of fine, to undergo a sentence of 6 months rigorous imprisonment. For the offences punishable under 376(2)(g) IPC and Section 3(2)(v) of the 1989 Act, the appellant has been sentenced to rigorous imprisonment for life with a fine of Rs. 2000/- and, in default of fine, to undergo rigorous impr
(1) Gang rape – In a case of gang rape under Section 376(2)(g) of IPC, an act by one is enough to render all in the gang for punishment as long as they have acted in furtherance of common intention –....
Medical evidence should show some semblance of forcible intercourse, even if we go as per the version of the prosecutrix that the accused had gagged her mouth for ten minutes and had thrashed her on ....
(1) For maintaining conviction under Section 376 I.P.C., medical evidence has to be in conformity with oral testimony.(2) Remission/ commutation of sentence under Sections 433 and 434 of Cr.P.C. is i....
The court emphasized the importance of medical evidence and the need to address delays in considering appeals.
The main legal point established is the requirement of clear evidence to prove the commission of offences and the careful consideration of legal provisions and precedents in reaching a decision.
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
The absence of injuries or spermatozoa does not negate the victim's credibility; consent cannot be presumed based on age alone.
The conviction for rape was quashed due to unreliable victim testimony, lack of corroborative evidence, and unexplained delay in FIR lodging.
(1) Conviction cannot be based solely on statements made by accused under sub-section (1) of Section 313 of Cr.P.C.(B) Gang rape – Enhancement in sentence is not justified many years after incident.
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