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A. M. BADAR
Name of the Appellant - ‘S’ (Name changed) – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
A.M. BADAR, J.
1. Father is fortress, refuge and the trustee of his daughter. The prosecution case which is held to be true by the learned trial court is to the effect that act of the appellant/accused herein is a betrayal of the faith in the humanity inasmuch as the appellant, who happens to be father of the prosecutrix/PW-1 and who was under moral duty to protect her had himself committed rape on her. In view of the provisions of Section 74 of the Juvenile Justice (Care and Protection of Children) Act, 2015 as well as in view of object of Section 228A of the Indian Penal Code, I deem it appropriate to describe the appellant by word ‘S’. The Registry shall upload this Judgment and Order on the website by ensuring that the cause title is reflected in the similar manner.
2. The appellant is convicted of the offence punishable under Section 376 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for 10 years vide Judgment and Order dated 21.03.2017 and 22.03.2017 passed in Sessions Case No. 557 of 2009 by the learned Additional Sessions Judge-V, Purnea. This Judgment and Order of conviction and resultant sentence is impugned in the instant appeal by the
The need for trustworthy and corroborating evidence in cases of sexual offenses, especially when the victim is a minor.
The testimony of the victim of sexual assault is vital and can be relied upon without corroboration, and delay in lodging a complaint does not necessarily indicate falsehood.
The testimony of the victim of sexual assault is vital and more reliable than that of an injured witness. Conviction can be founded on the testimony of the prosecutrix alone unless there are compelli....
: Statement of child witness had to be considered with all circumspection to rule out child being tutored for false implication of some person.
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
The prosecution failed to prove the case beyond reasonable doubt due to inconsistencies in the victim's testimony and unnatural conduct of the victim and her mother.
Acquittal in rape case upheld where prosecutrix turns hostile, denies force, disputes age records claiming majority, rendering testimony unreliable amid contradictions; prosecution fails beyond reaso....
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
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