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A. M. BADAR, RAJESH KUMAR VERMA
Parwez Ansari – Appellant
Versus
State of Bihar – Respondent
A. M. Badar, J.—By this appeal, appellant/convicted accused Parwez Ansari is challenging the judgment and order dated 01.06.2013 and 07.06.2013 respectively passed by the learned 1st Additional Sessions Judge, Samastipur, thereby convicting him of the offences punishable under Section 376(2)(i)(j) and Section 354A of the Indian Penal Code as well as under Section 3(1)(xi) and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. For the offence punishable under Section 376(2)(i)(j) of the Indian Penal Code, he is sentence to suffer imprisonment for life apart from imposition of fine of Rs. 50,000/- and default sentence of five years. No separate sentence was imposed on him for the offence punishable under Section 354A of the Indian Penal Code. For the offence punishable under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the appellant/accused is sentence to suffer rigorous imprisonment for fiver years. For the offence punishable under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, he is sentence to suffer imprisonment for life. Substa
The main legal point established in the judgment is the requirement of direct evidence to prove the awareness of the victim's caste for conviction under section 3(2) (v) of the Scheduled Caste/Schedu....
The conviction for rape can be sustained based on the victim's testimony and medical evidence, but a conviction under the SC/ST Act requires clear evidence that the crime was motivated by the victim'....
Point of law : Criminal Law – Offence of Rape – Conviction upheld – prosecution has proved beyond reasonable doubt that the victim was sexually assaulted.- Admissions given by the victim are inconseq....
The main legal point established in the judgment is the reliance on the consistency and reliability of the victim's testimony, the absence of prevarication, and the corroboration of evidence to estab....
Sentence must be based on comparative analysis of aggravating and mitigating circumstances.
The court established that a victim's testimony in sexual assault cases must be credible and supported by medical evidence to sustain a conviction.
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