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JOYMALYA BAGCHI, AJAY KUMAR GUPTA
Krishna Kumar Gurung – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Ajay Kumar Gupta, J. - Appellant has assailed the judgment and order of conviction and sentence dated 10.12.2014 and 11.12.2014 passed by the Learned Additional Sessions Judge, 1st Court, Darjeeling in Sessions Case No. 12 of 2013 arising out of Pulbazar P.S. Case No. 11 of 2012 dated 14.11.2012, thereby convicting the appellant under Section 376 (2) (g) of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and pay fine of Rs.1,00,000/- which would be applied in compensating the victim, in default, he would further suffer imprisonment for two years.
PROSECUTION CASE:
2. Bereft of details the allegations brought by way of the complaint by the de facto complainant, inter alia, to the effect that on 13.11.2012 at about 10.00 P.M. his daughter aged about 11 years along with her friends went to play 'vailo' (play performed as part of local custom at the night of Laksmi Puja) at Bhotay Gaon, at the residence of the appellant. She was dragged to the room by the appellant with the help of Binod Chettri and Deo Kr. Gurung. Thereafter, appellant committed rape upon the victim girl. Pulbazar P.S. Case No. 11/12 dated 14.11.2012 under Section 376 (f) (g) of
The judgment emphasizes the importance of assessing the evidence of hostile witnesses, relying on circumstantial evidence, and the duty of the court to search for the truth.
The court affirmed that the victim's testimony, corroborated by medical evidence, is sufficient for conviction in rape cases, even with minor inconsistencies.
The central legal point established in the judgment is the immateriality of the minor victim's consent in a rape case and the lack of requirement for corroboration in cases of sexual assault when the....
The victim's testimony alone can suffice for conviction in rape cases, as corroboration is not mandatory if the testimony is credible.
The court upheld the conviction for attempted rape based on the victim's testimony, corroborated by a witness and medical evidence, despite challenges regarding contradictions and lack of penetration....
The testimony of a minor victim in sexual assault cases is sufficient for conviction if it inspires confidence, without the need for corroboration.
The conviction of the appellant for sexual offences under IPC and the Goa Children's Act was upheld based on consistent testimony of the victim, emphasizing the necessity of protecting child victims ....
The main legal point established in the judgment is the significance of the victim's testimony, the lack of necessity for corroboration in rape cases, and the importance of identifying the accused in....
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