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JOYMALYA BAGCHI, BIVAS PATTANAYAK
Dipak Singha – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Joymalya Bagchi, J. - appeal is directed against judgment and order dated 28th June, 2013 and 29th June, 2013 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 also to pay a fine of Rs.10,000/-, in default, to suffer rigorous imprisonment for one year more.
Prosecution case, as alleged against the appellant is to the effect that on 20.05.2010 at 11 p.m. in the night when family members of the victim girl aged around 11 years had gone to attend 'Namsankritan', the appellant came into the house and embraced her. Thereafter, he committed rape on her. Hearing shouts of the victim, local people came to the spot. Written complaint was lodged by the mother of the victim girl (P.W. 1) resulting in registration of Bishnupur P.S. Case No. 236 of 2010 dated 21.05.2010 under Section 376 (2)(f) of the Indian Penal Code against the appellant. In course of investigation, the victim was medically examined and her statement was recorded before Magistrate. appellant was arrested and charge-sheet was filed. Charge was framed under Section 376(2)(f) of the Indian Pen
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 evidence of a rape victim should be treated on par with an injured witness, and mere penetration is sufficient to constitute rape.
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 central legal point established in the judgment is the requirement of penetration to constitute the offence of rape, and the distinction between rape and attempt to commit rape based on the prese....
Partial penetration is sufficient for a conviction of attempted rape, reaffirming the necessity of proven intent to commit the offence.
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