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BIBEK CHAUDHURI
Tinku Sk. – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
1. The instant appeal is directed against the judgment and order of conviction and sentence dated 27th January, 2017 passed by the learned Additional Sessions Jude, 1st Fast Track Court at Berhampore in Sessions Case No. 252/2009 corresponding to Sessions Trial No. 3(02)/2011 thereby convicting the appellant for committing offence under Section 376 read with Section 511 of the Indian Penal Code and sentencing him to suffer simple imprisonment for three years and to pay fine of Rs.10,000/-, in default, to suffer simple imprisonment for six months. On 19th August, 2008, the de facto complainant lodged a complaint before the learned Chief Judicial Magistrate, Murshidabad under Section 156 (3) of the Code of Criminal Procedure stating, inter alia, that she is a widow. She has been running her livelihood selling cloths. On 17th August, 2008 at about 6 p.m. she was returning to her house after purchasing some printed saree from the shop of one Morjem Hossein. On the way to her house when she reached Goatipara near a banana garden, the accused caught hold of her. There was a scuffling between the de facto complainant and the accused and the saree which she was purchased from the s
The main legal point established in the judgment is the need for corroboration of the prosecutrix's testimony and the importance of trustworthy and unblemished evidence in cases of rape.
The main legal point established in the judgment is the requirement for the prosecutrix's testimony to be trustworthy, reliable, and of 'sterling quality' to convict the accused in a case under Secti....
The main legal point established in the judgment is the requirement for credible and unimpeachable testimony, as well as the need for corroboration in cases of sexual assault.
The conviction for rape can be upheld based on the victim's credible testimony, even in the absence of corroborative physical evidence, emphasizing the importance of direct ocular evidence.
The central legal point established in the judgment is the requirement for the prosecution to prove its case beyond reasonable doubt in cases of rape, emphasizing the quality and reliability of the v....
The judgment establishes that the sole testimony of a prosecutrix in a rape case must be credible and consistent; otherwise, it cannot be relied upon for conviction, especially in the absence of corr....
Point of Law : The chastity of a woman ruined as soon as such offence is committed, while in a civilized society, respect or reputation is a basic right. No member of society can afford to conceive t....
The main legal point established in the judgment is the reliance on the consistency and reliability of the victim's testimony, the absence of prevarication, and the corroboration of evidence to estab....
The conviction for rape based solely on the prosecutrix's testimony was quashed due to inconsistencies and lack of corroborative evidence, emphasizing the need for reliable and corroborated testimony....
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