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BIBEK CHAUDHURI
Sambhu Das – Appellant
Versus
State Of West Bengal – Respondent
ORDER :
Bibek Chaudhuri, J.
The instant appeal is by the accused person who stood trial in Sessions Trial No.2(7) of 2013 arising out of Haldia P.S Case No.3 of 2012. The appellant stands convicted and sentenced for committing offence under Section 376 of the Indian Penal Code.
2. Charge was framed alleging commission of offence punishable under Section 376 of the Indian Penal Code against the accused. The court below found that the charge was established on the basis of the evidence adduced by the witnesses on behalf of the prosecution. The accused was sentenced to undergo rigorous imprisonment for 7 years to pay fine of Rs.5000/- in default to suffer further rigorous imprisonment for a period of one month for the offence found to be punishable under Section 376 of the Indian Penal Code.
3. On the basis of a written complaint submitted by the prosecutrix to the effect that on 3rd January, 2012 at about 1 pm she went to take bath in a pond situated near Haldia Bandar Station by the side of the pitch road. At that time, the appellant suddenly came to her and embraced her forcefully and dragged her to the jungle by the side of the pond. Then he committed rape upon her inside the jungle a
The main legal point established in the judgment is the requirement for the prosecutrix's testimony to be trustworthy, reliable, and of 'sterling quality' to convict the accused in a case under Secti....
Point of Law : Prosecution has failed to prove its case against the accused beyond reasonable doubt - Testimony of prosecutrix is infirm, contradictory and doubtful, which does not inspire confidence....
The conviction for rape based solely on the prosecutrix's testimony is unsustainable without corroborative evidence, especially when inconsistencies and delays in reporting raise doubts.
The main legal point established in the judgment is the requirement for credible and unimpeachable testimony, as well as the need for corroboration in cases of sexual assault.
The consistent testimonies of the prosecutrix, medical evidence, and the heinous nature of the crime were crucial in upholding the conviction of the accused.
The main legal point established in the judgment is the need for corroboration of the prosecutrix's testimony and the importance of trustworthy and unblemished evidence in cases of rape.
The main legal point established in the judgment is that delay in lodging the FIR, material contradictions in evidence, and enmity between the parties can raise doubts about the prosecution's case, a....
The court established that the credibility of the prosecutrix's testimony is paramount, but significant contradictions and lack of corroborative evidence can undermine a conviction under Section 376 ....
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