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S. K. SAHOO
Dabu @ Santosh Kumar Munda – Appellant
Versus
State of Odisha – Respondent
JUDGMENT
S.K. Sahoo, J.—The appellant Dabu @ Santosh Kumar Munda in JCRLA No.14 of 2021 and the appellant Mukuna @ Dhanu @ Dhanuram Kerei in CRLA No.135 of 2021 faced trial in the Court of learned Additional Sessions Judge-cum-Special Judge, Keonjhar in Special Case No.29 of 2017 for offences punishable under section 450/34 of the Indian Penal Code (hereinafter ‘I.P.C.’), section 506/34 of the I.P.C., section 376-D of the I.P.C. and section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereafter referred to as ‘POCSO Act’).
The learned trial Court vide impugned judgment and order dated 13.01.2021 found the appellants guilty of the offences charged and sentenced each of the appellants to undergo rigorous imprisonment for a period of twenty years each and to pay a fine of Rs.50,000/- (rupees fifty thousand) each, in default, to suffer further rigorous imprisonment for one year each for the offence under section 376-D of the I.P.C., rigorous imprisonment for a period of one year each and to pay a fine of Rs.1,000/- (rupees one thousand) each, in default, to suffer further rigorous imprisonment for one month each for the offence under section 506 of the I.P.C. and rig
If evidence of victim in a case of rape appears to be clear, trustworthy and above board, conviction can be sustained on sole testimony of victim.
The importance of proving the victim's age and the need for corroboration of the victim's testimony in cases of sexual offences.
The prosecution failed to prove charges of kidnapping and sexual assault due to inconsistencies in the victim's testimony and a significant delay in reporting the incident, leading to the acquittal o....
The judgment underscores the necessity of corroborative evidence in sexual assault cases, the importance of establishing the victim's age under the POCSO Act, and the need for reliable witness testim....
The prosecution failed to prove the victim's age and the occurrence of the alleged incident beyond reasonable doubt, leading to the appellant's acquittal.
The evidence of the victim should be examined with sensitivity, and minor discrepancies should not lead to the rejection of her testimony. The Court has a responsibility to consider the broader proba....
The consistent and credible testimony of the victim and her mother, along with the lack of contradiction in the evidence, formed the central legal point in establishing the appellant's guilt.
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