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SHAILENDRA SINGH
Mantun Nadaf – Appellant
Versus
State of Bihar – Respondent
Shailendra Singh, J. – Heard learned counsel for the appellant and learned APP appearing for the State.
2. The instant appeal has been filed against the judgment of conviction dated 11.08.2016 and order of sentence dated 18.08.2016 passed by the learned Additional Sessions Judge-II, Benipur, Darbhanga, in connection with Sessions Trial Case No. 468 of 2010 arising out of Jamalpur P.S. Case No. 32 of 2010, whereby and whereunder the appellant has been convicted for the offences punishable under Sections 366 and 376 of the Indian Penal Code (hereinafter referred to as IPC) and sentenced to undergo rigorous imprisonment for ten years for the offence punishable under Section 366 of IPC with a fine of Rs. 15,000/- and has also been sentenced to undergo rigorous imprisonment for ten years for the offence punishable under Section 376 of IPC with a fine of Rs. 15,000/- and in case of default of payment of fine, additional imprisonment for six months has been awarded upon the appellant and both the sentences of imprisonment have been directed to run concurrently by the convicting trial court.
3. The substance of the prosecution’s case as appearing from the written report filed by the victim’s
The court ruled that the victim's testimony lacked credibility and corroboration, leading to the acquittal of the accused due to the benefit of doubt.
The determination of the victim's age is crucial in cases of sexual offences, and the court emphasized the importance of following the procedure for determining the age of a juvenile under the Juveni....
The testimony of a victim in sexual assault cases can be sufficient for conviction if corroborated by credible evidence, including medical reports.
The victim's testimony alone can suffice for conviction in rape cases, as corroboration is not mandatory if the testimony is credible.
The judgment established that the absence of evidence of force or deception, suspicious conduct of the victim, and lack of corroborative medical evidence can cast doubt on allegations of kidnapping a....
The central legal point established in the judgment is the requirement for the prosecution to establish the victim's age beyond all reasonable doubt and the reliability of the victim's testimony in c....
The central legal point established in the judgment is the requirement for clear and consistent evidence to establish the elements of a criminal offense, particularly regarding the age of the victim ....
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