Back
V. R. K. KRUPA SAGAR
Ganja Srinivas, S/o. Chandra Rao – Appellant
Versus
State of A. P. , Rep by its Public Prosecutor, High Court of A. P. , Hyderabad – Respondent
ORDER :
This Criminal Revision Case under Sections 397 and 401 Cr.P.C. assails the conviction of the revision petitioner for the offence under Section 354 I.P.C. which was initially handed down by a judgment dated 31.03.2008 by learned Assistant Sessions Judge, Ramachandrapuram in Sessions Case No.333 of 2006 and thereafter confirmed in appeal by a judgment dated 16.09.2008 by the learned Principal Sessions Judge, East Godavari, Rajahmundry in Criminal Appeal No.180 of 2008. Respondent herein is the State.
2. The assault or criminal force to a woman or a girl with an intention to outrage her modesty is punishable under Section 354 I.P.C. The accusation for such an offence is very easy to make and very difficult to rebut. Therefore, it is always felt necessary by Courts to see that the conduct of the victim is consistent with ordinary probabilities and independent corroboration is normally insisted upon. The entire surrounding circumstances require appreciation.
3. Crime No.77 of 2006 was investigated into by Sub-Inspector of Police, Draksharama Police Station and that resulted in filing a police report in terms of Section 173 Cr.P.C. alleging offence under Section 376 read with 511 I.
Substantive sentence can be reduced if incident is old one.
The conviction under Section 354 IPC was upheld based on the credible testimony of the victim, while the sentence was reduced from five to three years due to mitigating circumstances.
Conviction under IPC can rely solely on the victim's testimony if credible, but all sentences must adhere to minimum statutory requirements.
A landlord's unwelcome entry into a tenant's room and use of criminal force to touch her body constitutes an offense under Section 354 IPC, affirming the principle that intention can be inferred from....
The absence of independent witnesses does not negate the reliability of a victim's testimony, and minor discrepancies do not undermine the core of the case.
In cases of alleged offenses under Section 354 IPC, the prosecution must establish the charge beyond reasonable doubt, and testimonies of victims carry significant weight, with delays in lodging FIR ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
