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RAMESH CHAND MALVIYA
Sita Ram Yadav, S/o. Raso Yadav – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
(Ramesh Chand Malviya, 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 Judgment of conviction dated 19.02.2013 and order of sentence dated 23.02.2013 passed by the learned Adhoc Additional and Sessions Judge-IV, Supaul (hereinafter referred to as the learned ‘trial Court’) in Sessions Trial No. 06 of 2007/60 of 2011 arising out of Baptiyahi P.S. Case No. 30 of 1999 instituted for an offence punishable under Sections 323, 324, 341 and 307/34 of the Indian Penal Code, whereby and whereunder the appellants have been convicted for the offence punishable under Sections 307/34 of the Indian Penal Code, whereby and whereunder the appellants have been convicted for the offence punishable under Sections 307/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment of seven years each and also liable to pay fine of Rs. 10,000/- (Ten Thousand) and in default of payment of fine, they are further directed to undergo simple imprisonment for six months.
2. Heard Mr. Pramod Mishra, learned counsel for the appellants assisted by Mr. Suraj Kumar and Ms. Geeta Kumari and M
The testimony of family members is credible and should not be dismissed solely due to their relationship with the victim, especially in the absence of independent witnesses.
The prosecution must prove its case beyond reasonable doubt; inconsistencies and lack of independent witnesses can lead to quashing of conviction.
Credibility of witness testimony and the need for corroborative evidence are essential in sexual assault cases; mere hearsay and inconsistencies cannot support a conviction.
The prosecution must prove the accused's guilt beyond reasonable doubt, and any reasonable doubt leads to acquittal.
Credible eyewitness testimony can substantiate charges in criminal cases, regardless of the absence of motive, provided it instills confidence in the court.
Convictions must be grounded in reliable evidence; lack of medical and corroborative testimony undermines prosecutorial claims, thereby entitling the accused to acquittal.
The prosecution must prove guilt beyond a reasonable doubt; eyewitness identification and medical corroboration affirmed the conviction under various sections of the IPC and Arms Act.
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