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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Maradona Seikh @ Mara Sk. – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Debangsu Basak, J. - A police complaint was lodged at Kotwali Police Station of Nadia District on September 29, 2018 relating to the rape of the victim. The police complaint was lodged by the brother of the victim. It was alleged in such complaint that, the appellant took the victim to the Sadar Hospital pretending to visit the wife of the de facto complainant. After visiting the wife of the de facto complainant at the Sadar Hospital the appellant told the victim that he would drop the victim at her house by a Maruti Vehicle. After boarding the Maruti Vehicle the appellant constricted the mouth of the victim by a handkerchief and went with her to Bishnupur. After alighting the vehicle at Bishnupur the appellant took the victim into a garden and raped her. The incident occurred at 7 PM in the evening.
2. On the basis of such written complaint, the police registered a First Information Report being Kotwali Police Station, F.I.R No. 462/18, dated September 28, 2018 under Section 376 of the Indian Penal Code, 1860.
3. On conclusion of the investigation, the police filed charge sheet being No. 610/2016 dated December 19, 2018 against the appellant under Section 376 of the Indian P
The main legal point established in the judgment is the reliance on the victim's testimony, medical evidence, and timeline of events to establish the occurrence of the rape, despite challenges to the....
The main legal point established in the judgment is the reliance on credible witness testimonies, medical evidence, and the lack of supporting evidence for the defense's claims to uphold the convicti....
The judgment underscores the necessity for corroborative evidence in sexual assault cases and the principle that the burden of proof lies with the prosecution to establish guilt beyond a reasonable d....
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 under Section 376 IPC emphasizes that a victim's sole testimony, despite minor discrepancies, is substantial and should not be discarded easily, affirming the need for sensitivity in a....
The prosecution must prove the charges beyond reasonable doubt, and appellate courts should be cautious in interfering with acquittals unless based on a perverse appreciation of the evidence.
The judgment emphasizes the importance of evaluating witness demeanor and corroborating evidence in establishing guilt beyond reasonable doubt in cases of sexual assault against minors.
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