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IN THE HIGH COURT OF JUDICATURE AT PATNA
BIBEK CHAUDHURI, ANSHUMAN
Santosh Kumar @ J.c.b. S/o Late Julum Rai – Appellant
Versus
State Of Bihar – Respondent
| Table of Content |
|---|
| 1. discusses social implications of false accusations in sexual violence. (Para 1 , 2) |
| 2. details facts of the case and charges against the appellants. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 3. summarizes defense arguments against prosecution. (Para 10 , 11) |
| 4. discusses evidentiary standards for prosecutrix's testimony. (Para 12 , 13 , 14 , 15) |
| 5. medical examination supports assault without penetration. (Para 22 , 28) |
| 6. court concludes on sexual assault and applicable penalties. (Para 26 , 27 , 30 , 32) |
| 7. final order acquitting major charges and addressing sentencing. (Para 34 , 36 , 37) |
JUDGMENT :
BIBEK CHAUDHURI, J.
1.We may commence our judgment with the celebrated observation of the Hon’ble Justice Krishna Iyer (as his Lordship then was)-
“Rape is a crime more serious than murder as it destroys the very soul of the hapless female.”
“When a female is raped, what is inflicted is not mere physical injury but a deep sense of some deathless shame.”
2. At the same time, it is our observation that an accused who is falsely implicated in a case of sexual violence is not only socially castigated and declined to accept even by the members of his own family, but he also dies regularly b
Conviction in sexual assault cases relies heavily on victim testimony, which can be accepted without corroboration if found credible; absence of physical evidence or major injury can lead to acquitta....
Victim's testimony is crucial in sexual assault cases; it can alone substantiate conviction when credible, supported by medical evidence and witness accounts, despite minor inconsistencies.
A victim's testimony can be sufficient for conviction in sexual assault cases if it is credible, even if medical evidence is inconclusive.
The victim's testimony in sexual assault cases should be weighed on reliability rather than strict corroboration, reflecting the trauma and context of the crime.
The presumption of guilt under Section 29 of the POCSO Act is not absolute and requires the prosecution to establish foundational facts before the burden shifts to the accused to rebut the presumptio....
The victim's credible testimony, coupled with medical evidence of injury, is sufficient for conviction under the POCSO Act despite minor contradictions in her statements.
The court affirms that minor victims' testimonies can be solely relied upon in sexual offence cases, provided they are credible, and clarifies that penetration into external genitalia suffices to con....
The court established that in cases of sexual assault, the victim's testimony can be sufficient for conviction, and that slight penetration constitutes an offense under the POCSO Act, regardless of t....
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