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SHAILENDRA SINGH
Amal Yadav @ Amala Yadav, S/o. Gorakh Yadav – Appellant
Versus
The State Of Bihar – Respondent
JUDGMENT :
1. The instant Criminal Appeal has been filed against the judgment of conviction dated 18th January 2017 and order of sentence dated 20th January 2017 passed by Shri Durgesh Mani Tripathi, learned Additional Sessions Judge, Bagaha, West Champaran, in Sessions Case No. 294/15 (Computer Registration No. 1816/16), arising out of Bagaha Mahila P.S. Case No. 42 of 2014, whereby and whereunder the appellant has been convicted for the offence punishable under Section 376(1) of the Indian Penal Code (in short I.P.C) and he has been sentenced to undergo rigorous imprisonment for 10 years and fine of Rs. 10,000/-and in default of payment of fine, further sentenced to undergo simple imprisonment for one year.
2. The substance of the prosecution’s case appearing from the Fardbeyan of informant on which basis the FIR of the instant matter was lodged, is as follows:-
As per the prosecution’s story, on the alleged date and time of occurrence the informant went to attend call of nature in the Sugarcane field of one namely, Hira Lal and then the accused/appellant over-powered her and committed rape on her by tying towel on her mouth and when the informant started weeping then the accused a
The conviction for rape can stand on the sole testimony of the victim if it inspires confidence, despite deficiencies in the investigation process.
Point of Law : Testimony of the victim is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on th....
Testimony of the victim in such cases is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on the....
The conviction for rape based solely on the prosecutrix's testimony was quashed due to inconsistencies and lack of corroborative evidence, emphasizing the need for reliable and corroborated testimony....
Rape – Conviction can be sustained on sole testimony of prosecutrix if it inspires confidence – There is no rule of law or practice that evidence of prosecutrix cannot be relied upon without corrobor....
The Court established that a victim's testimony can suffice for conviction in rape cases, even without medical corroboration, provided it is credible.
Point of Law : The chastity of a woman ruined as soon as such offence is committed, while in a civilized society, respect or reputation is a basic right. No member of society can afford to conceive t....
The main legal point established in the judgment is the requirement for credible and unimpeachable testimony, as well as the need for corroboration in cases of sexual assault.
The court established that in cases of sexual assault, the victim's testimony must be corroborated by credible evidence, and any significant contradictions or lack of medical evidence can lead to the....
The need for corroboration and the principle of proving the victim's statement on the principle of probability in cases of sexual offences.
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