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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAMESH CHAND MALVIYA
Bali Ram Singh, S/o. Late Ram Dutt Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(RAMESH CHAND MALVIYA, J.)
Heard learned counsel for the appellants and learned APP on behalf of the State.
2. 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 and order of sentence dated 18.03.2013 passed by the learned Ad-hoc Additional Sessions Judge-IV, Aurangabad in Sessions Trial No. 188 of 1995 / 114 of 2011 arising out of Baroon P.S. Case No. 131 of 1988, instituted for an offence punishable under Sections 376 , 354, 384 and 347 of the INDIAN PENAL CODE whereby and where under sole appellant has been sentenced to undergo rigorous imprisonment for period of two years for committing an offence punishable under Section 354 of the INDIAN PENAL CODE and further for rigorous imprisonment for two years for offence punishable under Section 384 of the INDIAN PENAL CODE with a direction that both the sentence shall run concurrently.
3. Heard Mr. Sanjay Parasmani, learned counsel for the appellant assisted by Mr. Raushan Kumar and Mr. Bipin Kumar, learned APP for the State.
4. The brief facts leading to the filing of the present appeal is that as per the fardb
The prosecution failed to prove the appellant's guilt beyond reasonable doubt due to lack of corroborative evidence and significant inconsistencies in the victim's testimony.
The weight of victims' evidence in cases of sexual assault and the minor lapses in investigation such as delay in filing the FIR and lack of independent witnesses.
Convictions must be grounded in reliable evidence; lack of medical and corroborative testimony undermines prosecutorial claims, thereby entitling the accused to 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 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 court affirmed that a victim's testimony, especially from a minor, can suffice for conviction in sexual assault cases, even without medical corroboration.
The prosecution must provide credible evidence supported by corroborating witnesses; failure to examine critical witnesses creates reasonable doubt, necessitating acquittal.
The court affirmed conviction under Sections 448 and 323 of IPC, citing insufficient evidence for rape charge under Section 376, emphasizing the need for corroborative evidence.
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