Back
JOYMALYA BAGCHI, BIVAS PATTANAYAK
Sakim Ali – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Joymalya Bagchi, J. - The appeal is directed against the judgment and order dated 19th December, 2012 and 20th December, 2012 passed by the learned additional District & Sessions Judge, Fast Track 6th Court, Malda in connection with Sessions Case No.156 of 2012 (Sessions Trial Case No.38 of 2012) convicting the appellant for commission of offences punishable under sections 376 and 506 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 3,000/- in default to suffer simple imprisonment for six months more for the offence punishable under Section 376 of the Indian Penal Code and to suffer rigorous imprisonment for one year and also to pay a fine of Rs.1000/- in default to suffer simple imprisonment for two months more for the offence under Section 506 of the Indian Penal Code, both the sentences to run concurrently.
Prosecution case, as against the appellant is to the effect that on 28.12.2011 around 9.00 p.m. when the victim came out of her room to answer nature's call, the appellant dragged her to a 'arahar' field and forcibly committed rape on her by showing a hansua. Victim returned home and reported the matter t
The central legal point established in the judgment is that unexplained delay and discrepancies in the victim's deposition can raise doubts about the credibility of the prosecution's case, leading to....
Version of a victim of sexual assault is to be treated with due care and circumspection. However, it is also duty of Court to examine version of victim against broad probabilities of case before arri....
Point of law: It is settled law that the version of a victim of sexual assault is to be treated with due care and circumspection. Minor variations or inconsistencies ought not to be a ground to disca....
Point of Law : Mere delay in lodging of first information report does not in any way render prosecution version brittle.
The need for corroboration in cases based solely on the victim's testimony, especially in cases of inordinate delay in lodging the FIR, and the importance of fair consideration for both the victim an....
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 main legal point established in the judgment is the requirement for reliable and corroborated testimony, along with the importance of medical evidence and the need to explain delays in lodging FI....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
