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CHANDRA SHEKHAR JHA
Jhandu @ Sundar Paswan S/o Late Ramashish Paswan – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
CHANDRA SHEKHAR JHA, J.
1. Heard learned counsel Ms. Kumari Anupam appearing on behalf of the appellant and learned APP Mr. A.M.P. Mehta appearing on behalf of the State.
2. The present appeal has been preferred under Section 374(2) of Criminal Procedure Code (in short “Cr.P.C.”) by above named accused/appellant, challenging the judgment of conviction dated 12.06.2017 and order for sentence dated 17.06.2017 passed in connection with S. Tr. No. 1370 of 2011(arising out of Daniawan P.S. Case No. 10 of 2001), whereby and whereunder learned Additional District & Sessions Judge-IV, Patna City convicted under Section 376/34 and under Section 452/34 of I.P.C. and ordered to be sentenced to undergo R.I. for a period of Ten years for the offence under Section 376/34 of I.P.C. each and a fine of Rs.15,000/-each and in default of payment of fine, he shall further be served one year imprisonment. Further, the appellant has been sentenced to undergo R.I. for a period of 5 (five) years each for the offence under Section 452/34 I.P.C. and a fine of Rs. 5000/-each and in default of payment thereof, he has to serve sentence of three months. Both sentences shall run concurrently.
3. The crux
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The judgment establishes that the sole testimony of a prosecutrix in a rape case must be credible and consistent; otherwise, it cannot be relied upon for conviction, especially in the absence of corr....
For a conviction in a rape case based solely on the testimony of the prosecutrix, such evidence must be corroborated, consistent, and of 'sterling quality'; absence of medical evidence and inconsiste....
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
The conviction for rape was quashed due to unreliable victim testimony, lack of corroborative evidence, and unexplained delay in FIR lodging.
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