Back
ASHUTOSH KUMAR, JITENDRA KUMAR
Mantu Yadav, S/o. Kamal Yadav – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Jitendra Kumar, J.)
The present appeal has been preferred against the judgment of conviction and order of sentence dated 31.07.2012 and 07.08.2012 respectively passed by learned Additional Sessions Judge-Ist, in Sessions Trial No. 49 of 2011/ Tr. No. 5 of 2011, arising out of Baunsi P.S. Case No. 102 of 2010, whereby the sole Appellant has been acquitted of charge under Section 3(1)(x) of the SC & ST Act, but convicted under Section 376 I.P.C and sentenced to undergo imprisonment for life.
Prosecution Case
2. The prosecution case as emerging from the fardbeyan of the victim/informant as recorded by S.I. Chandeshwari Prasad Yadav, S.H.O. of Baunsi Police Station on 13.06.2010 at 14:15 hours at Baunsi Police Station is that one day ago, i.e. on 12.06.2010 at about 11:00 AM, the victim/informant had taken her cow to a pond situated about half kilometer to east of her village where co-villager Mantu Yadav, who is appellant herein, already had brought his cow at the pond for drinking water. Seeing the victim alone, the appellant came near her and forcibly tried to commit rape upon her which was resisted by the victim. But thereafter, the appellant put her down forcibly on the
The prosecution must prove guilt beyond reasonable doubt; any reasonable doubt benefits the accused.
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....
The prosecution must prove the accused's guilt beyond reasonable doubt, and contradictions in the informant's testimony, along with lack of corroborative evidence, necessitate acquittal.
The conviction for rape can be upheld based on the victim's credible testimony, even in the absence of corroborative physical evidence, emphasizing the importance of direct ocular evidence.
The prosecution failed to prove the case beyond reasonable doubt due to inconsistencies in the victim's testimony and unnatural conduct of the victim and her mother.
The prosecution must prove guilt beyond reasonable doubt in rape cases; contradictions in testimonies and lack of corroborative evidence led to the acquittal of the appellant.
Offence of Rape - Conviction Upheld - Reliability of statement of prosecutrix/victim - Statement of prosecutrix, if found to be worthy of credence and reliable, requires no corroboration - Court may ....
The main legal point established in the judgment is that delay in lodging the FIR, material contradictions in evidence, and enmity between the parties can raise doubts about the prosecution's case, a....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
