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VIPUL M. PANCHOLI, RAMESH CHAND MALVIYA
Haribabu @ Hari Babu Prasad son of Bujhy Lal – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
VIPUL M. PANCHOLI, J.
The present appeal has been filed under Section-374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as ‘Cr.P.C.’) challenging the impugned judgment of conviction dated 06.02.2019 and order of sentence dated 13.02.2019 passed by learned 11th A.D.J.-cum-Spl. Judge (SC/ST) Act, Muzaffarpur in connection with Trial No.206/2015, G.R. No.1096/1994, arising out of Sahebganj P.S. Case No. 91 of 1994 dated 05.10.1994, whereby the appellant has been sentenced to undergo imprisonment for 7 years U/s.376 of L.P.C. and also with a fine of Rs.10,000/-(ten thousand) and, in default of payment of fine, to undergo further imprisonment for three months. He has further been sentenced to imprisonment for life under Section 3(2) (v) of SC/ST (POA) Act and also with a fine of Rs.10,000/- (ten thousand) and, in default of payment of fine, to undergo imprisonment for three months. Both the sentences have been directed to run concurrently.
2. Heard Mr. Yogesh Chandra Verma, learned senior counsel for the appellant assisted by Mr. Rabish Kumar, and Mr. Sadanand Paswan, learned Spl. P.P. for the respondent-State.
3. The brief facts leading to the filing of the pr
The conviction for rape was quashed due to unreliable victim testimony, lack of corroborative evidence, and unexplained delay in FIR lodging.
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....
Rape – There is no rule of law or practice that evidence of prosecutrix cannot be relied upon without corroboration.
The Court established that minor contradictions in a victim's testimony should not discredit credible evidence in a rape case; corroboration is not mandatory if the victim's evidence inspires confide....
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
The testimony of a victim in a rape case can be sufficient for conviction, and delays in reporting do not automatically undermine credibility, particularly in cases involving minors.
The conviction for rape was upheld based on the prosecutrix's credible testimony, while the conviction under the SC/ST Act was quashed due to lack of evidence regarding the accused's knowledge of the....
Credible testimony of the victim can support a conviction if it is reliable, yet inconsistencies and lack of corroboration undermine allegations of sexual assault, leading to acquittal.
The court established that the credibility of the prosecutrix's testimony is paramount, but significant contradictions and lack of corroborative evidence can undermine a conviction under Section 376 ....
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