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ILESH J. VORA, R. T. VACHHANI
Mukeshbhai Gorchandbhai Chamka – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT
The present criminal appeal has been preferred under Section 374 of the Code of Criminal Procedure, 1973, by the appellant-Mukeshbhai Gorchandbhai Chamka, challenging the judgment and order of conviction and sentence dated 14.03.2014 passed by the learned Sessions Judge, Dahod, in Sessions Case No.108 of 2013.
2. By the impugned judgment, the appellant was convicted for the offences punishable under Sections 376 and 302 of the Indian Penal Code, 1860 (for short, “IPC”). He was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1,000/- (Rupees One Thousand only), in default, to undergo further rigorous imprisonment for three years for the offence under Section 376 IPC, and rigorous imprisonment for life and to pay a fine of Rs.1,000/- (Rupees One Thousand only), in default, to undergo further rigorous imprisonment for three years for the offence under Section 302 IPC. Both sentences were directed to run concurrently.
3. The brief facts leading to the filing of the present appeals are as under:
3.1. On 08.04.2013, a marriage ceremony took place at the house of Samsubhai Bhuria in village Uchvania, District Dahod. The victim, a minor girl aged about 1
Rape and murder – Victim’s tender age and breach of trust are aggravating factors – General plea of innocence cannot stand against consistent evidence.
The sufficiency of circumstantial evidence and the need for a complete chain of evidence to establish guilt beyond reasonable doubt.
The judgment emphasizes the importance of considering the testimonies of witnesses, especially in child rape cases, and the need for proper legal protection for minor victims.
Conviction for sexual offences can be based solely on the victim's credible testimony, without corroboration, if the evidence is clear and consistent; defendants must prove material inconsistencies f....
The prosecution failed to establish a reliable chain of circumstantial evidence necessary for conviction, leading to the acquittal of the accused.
The victim's testimony alone can suffice for conviction in rape cases, as corroboration is not mandatory if the testimony is credible.
The court upheld the conviction based on established circumstantial evidence, affirming that all necessary conditions for such conviction were met.
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....
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