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Jayantibhai Chaturbhai Patel – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3 , 4) |
| 2. arguments presented by both parties. (Para 6 , 7) |
| 3. court observations on evidence and credibility. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. error in conviction due to lack of evidence. (Para 20) |
| 5. verdict overturning previous judgments. (Para 21 , 22) |
JUDGMENT :
VIPUL M. PANCHOLI, J.
1. The appellant has filed the present appeals challenging the common Judgment and Final Order dated 28/29.11.2016 (hereinafter referred to as “the impugned order”) passed by the Gujarat High Court in Criminal Appeal No. 151 of 2003 (filed by the appellant-accused) and Criminal Appeal No. 501 of 2003 (filed by the State).
2. The High Court vide the impugned order dismissed the appeal preferred by the appellant-accused whereas the appeal preferred by the State for enhancement of the sentence awarded to the appellant-accused was allowed.
3. The factual matrix of the present case is as under:
Rape – Conviction can never be based on FIR or statement of witnesses recorded during course of investigation – Investigating Officer cannot indirectly prove what witnesses have failed to prove.
The conviction for rape was quashed due to unreliable victim testimony, lack of corroborative evidence, and unexplained delay in FIR lodging.
The testimony of a minor victim in sexual assault cases is sufficient for conviction if it inspires confidence, without the need for corroboration.
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
The judgment emphasizes the principle of proving guilt beyond reasonable doubt and highlights the insufficiency of evidence to establish the involvement of the appellant in the commission of the crim....
The conviction for rape can be upheld based on the victim's credible testimony, even in the absence of corroborative physical evidence, emphasizing the importance of direct ocular evidence.
Offence of the accused is established beyond reasonable doubt on the basis of legal evidence and material on the record, he cannot be convicted for an offence. There is an initial presumption of inno....
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