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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
NITIN B. SURYAWANSHI, PRAVIN S. PATIL, JJ.
Shankar S/o Bapurao Kale (In Jail) – Appellant
Versus
The State Of Maharashtra, Through P.s.o., P.s. – Respondent
JUDGMENT :
Nitin B. Suryawanshi, J.
1. This appeal challenges conviction of appellant under Sections 376(2)(f) and (i) and 506 of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “the Act of 2012”) awarded by learned Special Judge and Additional Sessions Judge, Kelapur, Dist. Yavatmal in Special Case No.22 of 2015 thereby, sentencing him to suffer imprisonment for life, for the remainder of natural life and to pay fine of Rs.5,000/- with a default cause. He is also convicted under Sections 4 and 6 of the Act of 2012 and sentenced to suffer Rigorous Imprisonment for life.
2. The prosecution case in short is that, accused/appellant, who is father of the victim, has committed rape on victim on 09.06.2015 at about 12.00 to 1.00 a.m. at Maregaon. After commission of rape, accused threatened her that he will kill her if she discloses the incident to anybody. The First Information Report (hereinafter referred to as “FIR”) of the incident was lodged by the victim on 08.07.2015, on the basis of same, Crime No.66 of 2015 was registered with Maregaon Police Station under Sections 376(2)(f), 370(4) and 506 of the
The prosecution failed to prove the case beyond reasonable doubt due to inconsistencies in the victim's testimony and unnatural conduct of the victim and her mother.
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 testimony of a minor victim in sexual assault cases is sufficient for conviction if it inspires confidence, without the need for corroboration.
The judgment emphasizes the importance of the victim's reliable and confident statement, the significance of discrepancies, belated reporting, and lack of corroboration and support from family member....
It is well settled that a prosecutrix complaining of having been a victim of offence of rape is not an accomplice after crime.
Point of Law : The chastity of a woman ruined as soon as such offence is committed, while in a civilized society, respect or reputation is a basic right. No member of society can afford to conceive t....
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.
The court confirms that the credible testimony of a child victim can sustain a conviction in sexual assault cases without needing corroboration, highlighting the reliability of the victim's account d....
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