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JOYMALYA BAGCHI, BIVAS PATTANAYAK
Manick Sardar – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
ORDER
Joymalya Bagchi, J. - The appeal is directed against judgment and order dated 18.09.2013 and 19.09.2013 passed by the learned Sessions Judge, Nadia in Sessions Trial No. Ill of August, 2013 arising out of Sessions Case No.4(8) of 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 to pay a fine of Rs.5,000/-, in default, to suffer further rigorous imprisonment for six months more with a further direction that if the fine amount is recovered, 50% of the same shall be paid to the victim.
2. The prosecution case as alleged against the appellant is to the effect that on 14.04.2013 PW1 had gone out for work as a domestic help leaving behind her minor daughter aged around 7 years and her one year old son at home. Taking advantage of her absence, the appellant, who is a neighbour, came into the house and raped the minor girl. When PW1 returned around 2.30 P.M., she found the appellant coming out of her house wearing a gamchha. Upon entering the house she found her daughter was crying and her pant had been removed. Upon questioning, her daughter s
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 reliance on clear and consistent testimony, medical evidence, and witness statements to establish the nature of the offense and modify the c....
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 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 court affirmed that the victim's testimony, corroborated by medical evidence, is sufficient for conviction in rape cases, even with minor inconsistencies.
The factual foundations of the prosecution case must be established to attract the statutory presumption under Section 29 of the POCSO Act, and inconsistencies and contradictions in the victim's stat....
There can be a conviction when victim/prosecutrix’s deposition is deemed to be trustworthy, immaculate and credible and her evidence is of pristine quality.
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