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ARVIND SRIVASTAVA, SUNIL DUTTA MISHRA
Tuntun @ Dharmendra Ravidas – Appellant
Versus
State of Bihar – Respondent
Sunil Dutta Mishra, J.—Heard learned counsel for the appellant and learned counsel for the State.
2. This criminal appeal has been preferred against the judgment of conviction dated 14.09.2016 and order of sentence dated 20.09.2016 passed by learned Additional Sessions Judge VIII, Jehanabad in connection with Sessions Trial No.374 of 2013 arising out of Masaurhi P.S. Case No.224 of 2012 whereby and whereunder the appellant has been convicted under Section 376 of the I.P.C. and sentenced him to undergo rigorous imprisonment for life and a fine of Rs.3 lakhs and in default thereof, the appellant shall undergo simple imprisonment for three years. It has further been directed that out of fine of Rs.3 lakhs, an amount of Rs.2.5 lakhs shall liable to be paid to the victim for her rehabilitation.
3. The victim’s name has been concealed in the present judgment and she has been referred to as the victim for maintaining privacy of her identity to protect her dignity.
4. The prosecution case, in brief, is that the informant (victim’s father) gave his fardbeyan on 31.07.2012 before the Masaurhi Police Station inter alia that his daughter (victim) aged about 10 years, who is a student of Class IV,
In rape cases involving minors, credible oral testimony can establish guilt even without corroborative medical evidence, with minimum sentencing requirements upheld.
The conviction under Section 376 IPC emphasizes that a victim's sole testimony, despite minor discrepancies, is substantial and should not be discarded easily, affirming the need for sensitivity in a....
Conviction for sexual offences can be based solely on the victim's credible testimony, without corroboration, if the evidence is clear and consistent; defendants must prove material inconsistencies f....
The appeal dismissed; slightest degree of penetration constitutes rape, affirming conviction despite absence of severe injuries.
The conviction for rape can be overturned if the evidence is insufficient to demonstrate the lack of consent, particularly when the victim's own statements indicate a consensual relationship.
The absence of corroborative medical evidence and inconsistencies in witness testimonies led to the acquittal of the accused in a rape case.
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