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ASHUTOSH KUMAR, KHATIM REZA
Dharmendra Kumar Yadav – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, J. – All the three appeals (three appellants in all) have been heard together and are being disposed of by this common judgment.
2. We have heard Mr. Satya Prakash Parasar, Mr. Pramod Kumar, and Mr. Rajesh Kumar Sinha, the learned Advocates in the three appeals respectively and Mr. Dilip Kumar Sinha, the learned APP for the State in all the appeals.
3. All the three appellants have been convicted under Section 376D of the Indian Penal Code. The appellant/Dharmendra Kumar Yadav @ Dharmendra Yadav in Cr. APP. (DB) No. 137 of 2021 has additionally been convicted under Section 354B of the IPC, vide judgment dated 07.12.2020 passed by the learned Additional District & Sessions Judge-I, Jamui in Sessions Trial No. 237 of 2018 arising out of Jhajha P.S. Case No. 117 of 2018. By order dated 09.12.2020, they have been sentenced to undergo R.I. for twenty years, to pay a fine of Rs.20,000/- each and in default of payment of fine, to further suffer S.I. for six months for the offence under Section 376D of the IPC. Appellant/ Dharmendra Kumar Yadav @ Dharmendra Yadav has been sentenced to undergo R.I. for seven years, to pay a fine of Rs. 10,000/- and in default of payment of fin
The court acquitted the appellants due to insufficient evidence and inconsistencies in the victim's testimony, emphasizing the need for credible proof in sexual offense cases.
The prosecution must provide credible evidence beyond reasonable doubt in sexual assault cases; inconsistencies in witness testimony and absence of corroborative evidence can lead to acquittal.
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....
In criminal cases of sexual assault, the reliability of witness testimonies and timely reporting are crucial; unexplained delays and contradictions can lead to acquittal.
Credible testimony of the victim in sexual assault cases can suffice for conviction even without corroborating medical evidence, particularly in gang rape situations where evidence may be challenging....
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