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ALOK KUMAR VERMA
Mahant Digamber Tejgiri alias Mauni Baba alias Tarsaim Singh – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Alok Kumar Verma, J.—Present Criminal Jail Appeal has been received from the Superintendent of District Jail, Haridwar. The present Appeal has been filed against the judgment dated 22.02.2016, passed by learned Sessions Judge, Pithoragarh in Sessions Trial No.21 of 2014, “State vs. Mahant Digamber Tejgiri alias Mauni Baba alias Tarsaim Singh”, by which, the appellant has been convicted and sentenced to undergo rigorous imprisonment for a period of ten years along with a fine of Rs.10,000/- under Section 376 (2) (n) of the Indian Penal Code, 1860 (in short, “IPC”); he has been convicted and sentenced to undergo rigorous imprisonment for a period of two years along with a fine of Rs.1,000/- under Section 506 part II IPC; he has been convicted and sentenced to undergo rigorous imprisonment for a period of six months under Section 471 IPC read with Section 465 IPC, and, he has been further convicted and sentenced to undergo rigorous imprisonment for a period of one year along with a fine of Rs.10,000/- under Section 66 C of the Information Technology Act, 2000. All the sentences have been directed to run concurrently.
2. Briefly stated the prosecution story as it emerges from t
Suspicion, however, strong cannot take place of proof – Large distance between “may be true” and “must be true”, must be covered by way of clear, cogent and unimpeachable evidence.
The judgment emphasizes the requirement of proof beyond reasonable doubt in criminal cases and the principle that suspicion, no matter how strong, cannot replace legal proof.
The sole testimony of the prosecutrix, if credible and reliable, can lead to conviction without corroboration, and legal presumptions regarding lack of consent in rape cases play a crucial role in es....
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 court established that in cases of sexual assault, the victim's testimony must be corroborated by credible evidence, and any significant contradictions or lack of medical evidence can lead to the....
The evidence of a prosecutrix must be credible and consistent for a conviction in rape cases; contradictions and lack of supporting evidence can lead to acquittal.
Offence of the accused is established beyond reasonable doubt on the basis of legal evidence and material on the record, he cannot be convicted for an offence. There is an initial presumption of inno....
The main legal point established in the judgment is the importance of corroborative evidence in rape cases and the principle that serious infirmities and inconsistencies in the evidence of the prosec....
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