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VIPUL M. PANCHOLI, ALOK KUMAR PANDEY
Sanu Kumar @ Sonu Kumar – Appellant
Versus
State of Bihar – Respondent
Vipul M. Pancholi, J.—The instant appeal is filed under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) against the judgment of conviction dated 26.09.2019 and order of sentence dated 30.09.2019, passed by the court of learned Additional District & Sessions Judge-XV, Ara, Bhojpur in Sessions Trial No.423/2018 with Sessions Trial No.30/2019, arising out of Pawna P.S. Case No.05/18, whereby the court has convicted the appellants for the offence punishable under Section 376(D) of the Indian Penal Code and they have been sentenced to undergo imprisonment for life and to pay a fine of Rs.50,000/- (Rs. Fifty Thousand only) each for the offence punishable under Section 376(D) of the Indian Penal Code and in default of payment of fine, the appellants have to undergo S.I. for a period of six months.
Factual Matrix
2. The factual matrix of the present case is as under:—
2.1. The informant/victim has filed written complaint on 27.01.2018 wherein she has stated that on 27.01.2018 at about 09:30 P.M., she went to ease herself near her house. Then, Seth Mahto, Sushil Kumar, Pankaj Kumar and Sanu Kumar brought her to the house of Lalan Choudhary and com
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 prosecution must prove charges beyond a reasonable doubt, and contradictions in testimony and medical evidence warrant acquittal.
The conviction for rape was quashed due to unreliable victim testimony, lack of corroborative evidence, and unexplained delay in FIR lodging.
The prosecution must prove its case beyond reasonable doubt, and reliance on related witnesses without corroboration is insufficient for conviction.
The prosecution must prove its case beyond reasonable doubt, and reliance on witness testimony requires corroboration, especially when witnesses are near relatives.
The prosecution must prove the guilt of the accused beyond reasonable doubt, and any failure in procedural fairness, particularly in the examination of the accused, can lead to the quashing of a conv....
The court upheld the conviction of both appellants for gang rape, affirming that witness credibility and minor inconsistencies do not undermine the prosecution's case.
Penetrative sexual assault on girl – Age of victim is a crucial factor in POCSO cases.
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