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ARUN KUMAR JHA
Kari Yadav – Appellant
Versus
State of Bihar – Respondent
Arun Kumar Jha, J.—The present appeal has been filed against the judgment of conviction dated 10.02.2005 and order of sentence dated 11.02.2025 passed by the learned Additional Sessions Judge, FTC-II, Darbhanga in Sessions Trial No. 186/1997 whereby and whereunder the appellant has been convicted for the offence punishable under Section 376 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for seven years.
2. Shorn of unnecessary details, the facts of the case are that the informant recorded her statement to the effect that while she had been sleeping on the varandah of her house and her daughter had been sleeping inside, on 24/25-02-1996 about 1.00 A.M., the appellant Kari Yadav came and gagged her mouth and forcibly committed sexual intercourse with her. Some scuffle took place and she received injuries on both her legs. Hearing her muffled sound, her daughter woke up and raised alarm and Yogendra Yadav and Madan Yadav reached there and, thereafter, the appellant Kari Yadav fled away from the spot.
3. On the basis of the aforesaid statement of the informant, a formal FIR being Singhwara P.S. Case No. 15/1996 was instituted under Section 376 IPC. The p
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.
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 cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
A conviction for rape can be based solely on the victim's testimony if it is reliable; absence of corroboration raises doubts about its credibility, warranting acquittal.
The prosecution must prove guilt beyond reasonable doubt; any reasonable doubt benefits the accused.
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