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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
Nitin B.Suryawanshi, Sandipkumar C.More
Sk. Fakroddin S/o Sk. Mulana Saab – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3) |
| 2. arguments from defense and prosecution (Para 4 , 5) |
| 3. court’s analysis and evidentiary evaluation (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. final decision on appeal (Para 18 , 19) |
JUDGMENT :
SANDIPKUMAR C. MORE, J
1. The appellant/accused Shaikh Fakruddin Shaikh Maulna Saab, resident of Degloor, District Nanded, has challenged his conviction in Sessions Case No. 35 of 1999 at the hands of learned Additional Sessions Judge, Biloli (hereinafter referred to as “ the trial Court”) for the offence under Section 376 (2)(f) of the INDIAN PENAL CODE , under the judgment and order dated 25.07.2003. Learned trial Court has convicted the appellant/accused for the aforesaid offence and sentenced him to suffer life imprisonment and to pay fine of Rs. 1,000/-, in default to suffer R.I for seven days.
2. The prosecution case as reflected from the report Exh.16 dated 14.02.1999 lodged by one Yusufabegum i.e. mother of the victim, is that the victim at the time of incident was aged about four years. She was residing with her parents, brothers and sister at Anand Nagar, Degloor, District Nanded. Her father was work
The sole testimony of a minor victim can suffice for a conviction in rape cases if it is credible and corroborated by other evidence, despite minor discrepancies.
The main legal point established in the judgment is the principle that corroboration is not required for the testimony of the victim in case of rape if the evidence is of sterling quality. The judgme....
Penetration, even partial, constitutes rape under IPC and POCSO Act; the credibility of child witnesses must be carefully assessed.
The court established that a victim's testimony in sexual assault cases must be credible and supported by medical evidence to sustain a conviction.
The court affirmed that a victim's credible testimony can suffice for conviction in sexual assault cases, even without corroborative medical evidence.
The prosecution must prove rape beyond reasonable doubt with corroborative evidence; mere testimony is insufficient, especially when the victim's mental capacity is questionable.
The conviction for rape was upheld based on the prosecutrix's credible testimony, while the conviction under the SC/ST Act was quashed due to lack of evidence regarding the accused's knowledge of the....
In rape cases, conviction cannot solely rely on the uncorroborated testimony of the prosecutrix, especially when significant discrepancies and absence of physical evidence exist to support the claims....
The main legal point established in the judgment is that complete penetration is not necessary to establish the offense of rape, as per the interpretation of the definition of rape under the Indian P....
The testimony of a victim of sexual assault stands almost on a par with the evidence of an injured witness and does not necessarily require corroboration.
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