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A. M. BADAR
Tulmul Rai @ Bisheshwar Rai, son of Late Siyasharan Rai – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
By this appeal, appellant/convicted accused, Tulmul Rai @ Bisheshwar Rai is challenging the Judgment and order dated 26.08.2016 and 29.08.2016 passed by the learned Additional Sessions Judge, Rosera, Samastipur, in Sessions Trial No. 286 of 2012 between the parties, thereby convicting him of the offence punishable under Section 376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years apart from a direction to pay fine of Rs.5,000/- and in default to undergo simple imprisonment for three months. 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 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 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 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 traumatic impact of rape on young girls were central to the court's decision.
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 credibility of the victim's testimony and the corroboration of her account by other witnesses are crucial in cases of sexual offences involving minors.
Testimonial inconsistencies and lack of corroboration undermine a conviction for rape, especially when based solely on a victim's testimony.
The main legal point established is the reliance on victim testimony and medical evidence to convict the appellant for the offence of rape under Section 376 of the Indian Penal Code, considering the ....
The conviction for rape can be upheld based solely on the victim's credible testimony, without the need for corroboration, unless significant doubts arise.
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