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JOYMALYA BAGCHI, BIVAS PATTANAYAK
Dilip Soren – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Joymalya Bagchi, J. - The appellant has assailed judgment and order dated 23.07.2014 and 24.07.2014 passed by the learned additional District & Sessions Judge, 4th Court, Malda, in connection with Sessions Case No. 02/14 corresponding to Sessions Trial No. 7(02)2014 convicting the appellant for commission of offence punishable under Section 376 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay fine of Rs.50,000/-, in default, to suffer further rigorous imprisonment for one year.
Victim is a blind girl who was barely 18 years old at the time of occurrence. In the night of 14.11.2013 the victim went out of her house to answer natures call. The appellant who was a neighbour forcibly pressed her mouth and took her to a field and raped her. When she resisted the appellant told her to keep quiet uttering 'chup chup'. She identified the appellant by his voice. after committing rape appellant threw her in a nearby well. She cried for help. Local villagers rescued her. Her parents also came to the spot. Her father (P.W.1) lodged written complaint against the appellant resulting in registration of Habibpur P.S. No. 203 of 2013 dated 15.11.2013 unde
The main legal point established is the reliance on victim testimony and medical evidence to convict the appellant for the offence of rape under Section 376 of the Indian Penal Code, considering the ....
The judgment established that evidence of penetration, even of the slightest degree, is necessary to establish the offence of rape under Section 376(2)(f) of the Indian Penal Code.
Corroboration of the victim's testimony by other witnesses and the interpretation of medical evidence in cases of minor rape are crucial in establishing guilt.
The central legal point established in the judgment is the reliance on clear and consistent testimony, medical evidence, and witness statements to establish the nature of the offense and modify the c....
The court emphasized that a conviction based on a victim's testimony must be credible and free from contradictions, and the prosecution must prove its case beyond reasonable doubt.
The court upheld the conviction for gang rape based on the victim's consistent testimony and corroboration by witnesses, despite procedural issues regarding identification.
The victim's evidence in cases of rape holds significant importance, and if it does not have any motive to falsely implicate the accused, corroboration may not be necessary, and the court is generall....
The victim's evidence in cases of rape stands on a higher pedestal than that of an injured witness and does not require corroboration if found to be truthful, trustworthy, and reliable.
The evidence of a rape victim should be treated on par with an injured witness, and mere penetration is sufficient to constitute rape.
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