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JOYMALYA BAGCHI, BIVAS PATTANAYAK
Nirmal Kanti Sarkar @ Nirmal Sarkar – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Joymalya Bagchi, J. - This Court is informed that the appellant has served out the sentence.
appeal is directed against the judgment and order dated 18.05.2011 and 19.05.2011 passed by the learned additional Sessions Judge, Fast Track 2nd Court, Kalyani, Nadia, in Sessions Case No. 43(1)11/Sessions Trial No. 2(2)11 convicting the appellant for commission of offence punishable under Section 376(2)(f) of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years and to pay fine of Rs. 5,000/- in default, to suffer simple imprisonment for six months more.
at the time of admission of the appeal a co-ordinate Bench of this Court was pleased to issue a Rule calling upon the appellant why the sentence imposed upon him be not enhanced. Thus, in spite of serving out the sentence, the appeal along with aforesaid Rule requires to be considered on merit.
I have gone through the evidence of prosecution witnesses.
P.W. 3, Priyanka Mondal, is the victim girl while P.W. 1, Kartick Mondal and P.W 2, Sarmala Mondal, are her parents.
P.W. 4, Dr. Tapashi Chowdhuri, is the doctor who treated the victim and P.W 5, anupam Sarkar, recorded her statement under Section 164 of
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.
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 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 ....
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 main legal point established in the judgment is the reliability of the victim's testimony, the significance of corroborating evidence, and the interpretation of medical evidence in cases of sexua....
The evidence of a rape victim should be treated on par with an injured witness, and mere penetration is sufficient to constitute rape.
The central legal point established in the judgment is the procurement of minor victims for prostitution under Section 366A of the Indian Penal Code.
The judgment established the principle that the testimony of a victim of sexual assault does not always require corroboration and emphasized the need for sensitivity and proportionality in sentencing....
The conviction for repeated rape of a minor was upheld based on credible victim testimony and medical evidence, with sentencing modified to 20 years on compassionate grounds considering the appellant....
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