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R. G. AVACHAT
Dilip Suresh Deokare – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
1. The challenge in this appeal is to the judgment of conviction and order of sentence dtd. 6/8/2019 passed by learned Sessions Judge, Biloli, in Sessions Case No.2 of 2014. The appellant herein has been convicted for the offence punishable under Sec. 376 of Indian Penal Code and therefore, sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs.2,000.00. In default of payment of fine, he has been directed to undergo rigorous imprisonment for fifteen days.
2. The facts giving rise to the present appeal are as follows:- PW 4 - S (victim) was resident of village Sawali, Tq. Biloli. The appellant was also resident of the very village. It so happened that the victim had been to Laxmi Gudi temple to bring firewood. It was 4.00 p.m. of 19/3/2019. When she was collecting firewood, the appellant came from behind and pressed her mouth. He lifted her and took in a nearby cotton field of one Abarao Sangnod. He made her lie on the ground and removed her saree. He then had sexual intercourse with her without her consent and against her will. He then ran away. The victim came home. She related the incident to her mother-in-law and the husband as well. She, thereaf
The central legal point established in the judgment is that the conviction for the offence of rape can be sustained on the sole testimony of the victim if it inspires confidence, but the evidence pre....
The sole testimony of the victim can be accepted and relied upon for fixing guilt if it inspires confidence, and medical evidence about 'habituated to sex' does not relieve the accused from the charg....
The central legal point established in the judgment is the requirement for the prosecution to prove its case beyond reasonable doubt in cases of rape, emphasizing the quality and reliability of the v....
Testimony of the prosecutrix must inspire confidence; conviction under IPC 376(1) requires credible evidence.
Rape – Sole evidence of victim, when cogent and consistent, could be properly used to arrive at a finding of guilt – Corroboration from medical evidence is not sine qua non when cogent evidence of vi....
The central legal point established in the judgment is the requirement for the prosecutrix's testimony to be reliable and corroborated by medical evidence or surrounding circumstances in cases of rap....
The conviction requires corroborating evidence beyond the solitary testimony of the prosecutrix, which must be credible and consistent.
The sole testimony of the prosecutrix can be a foundation of conviction if trustworthy, but in this case, the evidence was found to be insufficient to prove the charges.
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