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CHAKRADHARI SHARAN SINGH, RAJESH KUMAR VERMA
Awadhesh Yadav, son of Late Bishwanath Yadav – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Chakradhari Sharan Singh, J.
By the impugned judgment and order dated 28.06.2016/30.06.2016, passed by learned Ist Additional Sessions Judge, Bhojur, Ara in Sessions Trial No. 53 of 2015, arising out of Jagdishpur P.S. Case No. 321 of 2014, GR. No. 5172 of 2014, the appellants have been convicted and sentenced as under:
| Cr. Appeal (DB) No. 777 of 2016 | ||||
| Appellant | Conviction under Section | Sentence | ||
| Imprisonment | Fine (Rs.) | In default of fine | ||
| Awadhesh Yadav | 376(D) of the Indian Penal Code | RI for 20 years | 50,000/- | SI for ten months |
| Cr. Appeal (DB) No. 774 of 2016 | ||||
| Appellant | Conviction under Section | Sentence | ||
| Imprisonment | Fine (Rs.) | In default of fine | ||
| Rajesh Choudhary @ Karu Choudhary
| 376(D) of the Indian Penal Code | RI for 20 years | 50,000/- | SI for ten months |
| Cr. Appeal (DB) No. 780 of 2016 | ||||
| Appellant | Conviction under Section | Sentence | ||
| Imprisonment | Fine (Rs.) | In default of fine | ||
| Anil Paswan
| 376(D) of the Indian Penal Code | RI for 20 years | 50,000/- | SI for te |
The appellate court acquitted the accused due to insufficient and inconsistent evidence, underscoring the necessity of reliable testimony in sexual assault cases.
The court established that a victim's testimony in sexual assault cases must be credible and supported by medical evidence to sustain a conviction.
The main legal point established in the judgment is the requirement for the prosecution to provide conclusive evidence and corroborative evidence to establish the guilt of the accused beyond all reas....
The reliability of witness statements and the importance of corroborating evidence in criminal cases.
Conviction for gang rape can be upheld solely based on the victim's reliable testimony, corroborated by medical evidence, regardless of inconsistencies or lack of immediate identification of the accu....
The main legal point established in the judgment is the requirement for corroborative evidence in cases of sexual offences, the admissibility of victim's statements recorded under Section 164 of the ....
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