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ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Mithilesh Chauhan @ Khacharwa – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT
Gautam Kumar Choudhary, J.—Both these appeals arise out of common judgment of conviction and sentence under Section 376/34 and302/34 of the IPC. They have been heard together and will be disposed of by the common judgment.
2. Informant of the case is the daughter of the deceased. As per the fard beyan recorded on 27.05.2000, her mother (victim lady) was deserted by her father. Consequently, she came back to her native village-Ghanghari where she was kept by one Raghuvir Singh as his wife. In order to prevent any conception of child, she was operated upon. Father of informant died few years later and the victim lady was maintained by Raghuvir Singh.
3. On 17.04.2000, Raghuvir Singh, Sunil Choubey (appellant), Mithilesh Chouhan (appellant), Satayendra Das, Basant Das, Minku Das and Mannu Singh had chicken and drinks in his house. Her mother also had food and drinks and all returned to their home. It is alleged that Raghuvir Singh sent Sunil Choubey, Mithilesh Chouhan and Dayanand Saowho took her away about 50 yards west from her house and committed rape and murder. They threatened her for not disclosing the incidence which she had seen from courtyard.
4. On the basis of the
Rape and murder – Judgment of conviction and sentence cannot be returned on the basis of uncorroborated testimony of informant.
The testimony of a victim, while critical, must be corroborated by independent evidence to ensure reliability in conviction.
Mere recovery of minor rape-murder victim's body from accused's locked room, without proof of last seen together, accused's presence or forensic link, fails to form complete circumstantial chain for ....
The prosecution failed to prove the charges of kidnapping and rape beyond a reasonable doubt, leading to the acquittal of the appellants.
The direct evidence of the rape was found to be cogently established, and the delay in lodging the FIR was considered reasonable given the circumstances.
Murder and rape of minor girl – Law does not make it imperative for prosecution to corroborate its case by adducing medical evidence – When direct evidence inspires confidence, case of prosecution ca....
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 main legal point established in the judgment is the requirement for reliable and corroborated testimony, along with the importance of medical evidence and the need to explain delays in lodging FI....
The prosecution must prove the accused's guilt beyond reasonable doubt, and contradictions in the informant's testimony, along with lack of corroborative evidence, necessitate acquittal.
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