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A. M. BADAR
Rajendra Paswan @ Mauga S/o Late Nanhak Paswan – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
A.M. BADAR, J.
1. By this appeal, appellant/convicted accused, Rajendra Paswan @ Mauga is challenging the Judgment and order dated 12.04.2016 passed by the learned 9th Additional Sessions Judge, Gaya in Sessions Trial No. 50 of 2016 between the parties, thereby convicting him of the offences punishable under Sections 376 and 323 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years apart from imposition of fine of Rs. 5,000/- and default sentence of further rigorous imprisonment for two years for the offence punishable under Section 376 of the Indian Penal Code. He is sentenced to pay fine of Rs. 500/- and in default to undergo imprisonment for seven days for the offence punishable under Section 323 of the Indian Penal Code. For the sake of convenience, the appellant shall be referred to in his original capacity as “an accused.”
2. Facts leading to the prosecution of the accused projected from the police report can be summarized thus:
The credibility of the victim's testimony and the traumatic impact of rape on young girls were central to the court's decision.
The main legal point established in the judgment is the credibility of the victim's testimony in cases of rape and the significance of medical evidence to corroborate the offence.
The credibility of the victim's testimony and the corroboration of her account by other witnesses are crucial in cases of sexual offences involving minors.
The victim's testimony in cases of sexual offenses against young victims stands on a higher pedestal and may not always require corroboration if found to be trustworthy.
The victim's evidence in cases of rape stands on a higher pedestal than that of an injured witness and does not require corroboration if found to be truthful, trustworthy, and reliable.
The victim's evidence in cases of rape holds significant importance, and if it does not have any motive to falsely implicate the accused, corroboration may not be necessary, and the court is generall....
The testimony of a victim in sexual assault cases can be sufficient for conviction if corroborated by credible evidence, including medical reports.
The unimpeachable testimony of the victim, corroborated by medical evidence and witness statements, can lead to a conviction. The court may consider modifying the sentence based on the age of the vic....
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