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PRASANNA B. VARALE, PANKAJ MITHAL
Rajendra – Appellant
Versus
State of Uttarakhand – Respondent
The legal document discusses a criminal case involving allegations of gang rape and criminal intimidation. The key points include that the conviction and sentence cannot be upheld when the prosecutrix's account contradicts natural conduct and lacks supporting evidence. The case primarily relies on the sole testimony of the prosecutrix, with no corroborating witnesses or medical evidence to substantiate the allegations. Additionally, significant delays in reporting the incident, inconsistencies in her statements, and the absence of physical or medical proof weaken the prosecution’s case. The court emphasizes that conviction based solely on the victim's testimony requires that her account inspire confidence; in this case, it does not. The court also notes that the circumstances surrounding the delay in reporting and discrepancies in her statements cast doubt on the credibility of her account. As a result, the court concludes that the prosecution has not proved the guilt of the accused beyond reasonable doubt and accordingly sets aside the convictions and orders the immediate release of the appellants.
JUDGMENT
PRASANNA B. VARALE, J.
1. The present Criminal Appeal has been preferred by the Appellants challenging the Judgment and order dated 28.09.2012 passed by the High Court of Uttarakhand at Nainital in Criminal Appeal No. 911 of 2001. The appellants had approached the High Court in appeal under Section 374 of Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) challenging the Judgment and order dated 31.03.2000/03.04.2000 passed by the learned Additional Sessions Judge, Dehradun, in Sessions Trial No. 80 of 1999 wherein the appellants were convicted under Section 376(2)(G) and Section 506 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and were sentenced to undergo rigorous imprisonment for 10 years along with a fine of Rs. 5000/- along with 6 months rigorous imprisonment u/s 506 IPC, running concurrently. The High Court in appeal upheld the conviction awarded by the Trial Court.
Factual Matrix
2. As per the prosecution story, on 31.07.1998, a written report was submitted by the victim to the Senior Superintendent of Police, Dehradun stating that on 07.04.1998 around 7:30pm while she was on her way back home from the market in Sanjay Colony, f
Gang rape and criminal intimidation – Conviction and sentence cannot be sustained where version of prosecutrix is against natural conduct of the person.
The prosecution failed to prove the case beyond reasonable doubt due to unexplained delay in FIR and contradictions in testimonies, leading to the acquittal of the accused.
The main legal point established in the judgment is the requirement for reliable and corroborated testimony, along with the importance of medical evidence and the need to explain delays in lodging FI....
The prosecution's case can stand on the testimony of the victim alone, supported by corroboration, despite minor contradictions. Delays in reporting aren't fatal if reasonably explained.
The sole testimony of a victim in a rape case can sustain a conviction if found credible, regardless of the existence of physical evidence or corroborating witnesses.
Conviction for rape can rely solely on the prosecutrix's credible testimony, with proper explanation of FIR delay not undermining the prosecution’s case.
In cases of sexual assault, delay in lodging FIR is not fatal if explained, especially when considering societal attitudes toward victims.
The conviction for rape based solely on the prosecutrix's testimony is unsustainable without corroborative evidence, especially when inconsistencies and delays in reporting raise doubts.
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