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ABHAY S. WAGHWASE
Vilas S/o. Vaijnath Munde – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
1. Vide instant appeals, convicts for offence punishable under Section 376 (2)(g) r/w 34 of the Indian Penal Code [IPC] are hereby assailing the judgment and order dated 20.05.2002 passed by learned I Adhoc Additional Sessions Judge, Ambajogai in Session Case No. 73 of 2001, sentencing them to suffer rigorous imprisonment for 10 years and to pay fine. Convicts Vilas and Balaji have preferred Criminal Appeal No. 309 of 2002, whereas convict Sukhdeo has filed distinct appeal bearing Criminal Appeal No. 302 of 2002.
Since both appeals are arising out the same judgment, they are dealt together.
FACTS IN BRIEF LEADING TO TRIAL
2. Parali Rural Police Station registered crime on report lodged by prosecutrix, alleging that she and her husband had shifted to Dadahari Wadgaon, Taluka Parali four months prior to the incident. On 10.07.2001, she had been to visit her sister at Peth Mohalla, Parali Vaijnath and had spent night there. Next day around 9.00 a.m. she left her sister’s place to return back to her house i.e. on 11.07.2001. While she was walking over road leading to Loni, she came in the vicinity of a small stream. There, three persons intercepted her. She was forcibly dragged
The prosecution failed to prove charges of gang rape beyond a reasonable doubt due to inconsistent testimony and lack of corroborating evidence, emphasizing the necessity for proper identification pr....
Testimony of the victim in such cases 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 the....
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.
The credibility of prosecutrix's testimony is sufficient for conviction without requiring independent corroboration when circumstances support her claims.
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
The judgment establishes that the sole testimony of a prosecutrix in a rape case must be credible and consistent; otherwise, it cannot be relied upon for conviction, especially in the absence of corr....
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