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MALASRI NANDI
Md. Farid Ali – Appellant
Versus
State of Assam – Respondent
JUDGMENT & ORDER (CAV)
Heard Mr. A.N. Ahmed, learned counsel for the appellant. Also heard Mr. B. Sharma, learned Additional P.P. representing the State.
2. This appeal is directed against the Judgment and order dated 10/08/2023, passed by the learned Assistant Sessions Judge, Karbi Anglong, Diphu in Sessions Case No. 68/2015, whereby the accused/appellant was convicted u/s 376 IPC and sentenced to undergo rigorous imprisonment for Seven years and to pay a fine of Rs.5000/- in default RI for one month.
3. The brief facts of the case is that an FIR has been lodged by the informant before the OC, Diphu Police Station stating inter alia that on 02/08/2014, his daughter went missing from Diphu Bazar. Later on, they came to know that the appellant kidnapped his daughter. Thereafter, the victim was recovered from the house of the accused/ appellant located at Silbhanga village under Jagiroad police station.
4. On receipt of the FIR, a case was registered vide Diphu PS Case No.217 of 2014 u/s 366/342/376/34 IPC and investigation was initiated. After completion of investigation, charge sheet was submitted against the appellant u/s 366/ 342/ 376 IPC, before the court of magistrate. As the o
Rape – Sexual intercourse between legally married husband and wife, cannot be considered as rape.
Consent and marital status of the victim are crucial in determining the applicability of rape charges under IPC.
In a case of rape evidence of prosecutrix must be given predominant consideration, but to hold that this evidence has to be accepted even if story is improbable and belies logic, would be doing viole....
The main legal point established is the requirement for the victim's testimony to inspire confidence and be trustworthy in cases of sexual assault, and the need for corroborating evidence to affirm c....
Consent of a woman above 16 years negates the charge of rape; the prosecution must prove all elements of the alleged offences.
The court emphasized that discrepancies in the victim's testimony and medical evidence led to the conclusion that the encounter was consensual, thus overturning the conviction for rape.
Victim's testimony is paramount in sexual assault cases; absence of consent is established despite claims of the victim's age affecting the offence's classification.
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