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ABHAY S. WAGHWASE, VIBHA KANKANWADI
Xyz – Appellant
Versus
Mahesh Subhsh Tambe – Respondent
JUDGMENT
ABHAY S.WAGHWASE, J. - By invoking provisions under Sec. 378 of the Code of Criminal Procedure, original informant is seeking quashment and setting aside of the judgment and order of acquittal passed by the learned Additional Sessions Judge Vaijapur, District Aurangabad in Sessions Case No. 25 of 2016.
2. Prosecution was launched against present respondent No.1 alleging that respondent No.1 was residing in appellant- informant's locality. By issuing threats to kill her brother and expressing his desire to marry her, respondent no.1 raped her on several occasions. That, prosecutrix succumbed to the threat and pressure and did not promptly inform to anyone. However, finally she mustered courage and approached police on 31/1/2015, alleging commission of offence under Sec. 376(2)(n) and 506 of Indian Penal Code. In above backdrop, accused-respondent No.1 was arrested and after completing investigation, he was charge-sheeted and he was made to face trial. After hearing both, prosecution as well as defence, learned trial Judge by judgment and order dtd. 28/11/2019, acquitted accused and hence present appeal by informant. SUBMISSIONS
3. Learned counsel for appellant would point out
The central legal point established in the judgment is the requirement of credible and consistent evidence, especially in cases of sexual offenses, to establish guilt beyond reasonable doubt.
The need for testimonies of sterling quality to convict the accused in a sexual offence case and the principle of scrutinizing the evidence of the victim with the same yardstick as that of any other ....
The sole testimony of a victim in rape cases must inspire confidence and be consistent; significant inconsistencies can lead to acquittal.
The acquittal of the accused was upheld due to insufficient evidence and inconsistencies in the victim's testimony, demonstrating the high burden of proof required in rape cases.
Acquittal in rape case upheld as prosecutrix testimony lacks sterling quality due to improbabilities, contradictions, unnatural conduct, absence of injuries, failing to inspire confidence despite pot....
Acquittal in rape case upheld where prosecutrix turns hostile, denies force, disputes age records claiming majority, rendering testimony unreliable amid contradictions; prosecution fails beyond reaso....
The conviction for rape can stand on the sole testimony of the victim if it inspires confidence, despite deficiencies in the investigation process.
Point of Law : Testimony of the victim is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on th....
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