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SUGATO MAJUMDAR
Naresh Chandra Halder – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Sugato Majumdar, J.
1. The instant appeal is preferred against the judgment dated 19/09/2015 and order of sentence dated 22/09/2015 passed by the Additional Sessions Judge, 3rd Fast Track Court, Berhampore, Murshidabad in Sessions Trial No. 4(1) of 2009 under Section 376 of the Indian Penal Code.
2. The prosecution case owes its origin to the written complaint lodged by the de-facto complainant being the mother of the victim. It is stated in the written complaint that the victim was missing from the evening of 11/10/2008. In spite of thorough search she could not be traced out. She returned home next morning in a disoriented condition. On query she disclosed that the Appellant induced the victim on 11/10/2008, in the evening, to accompany him to a hotel at Murshidabad. The Appellant took the victim in a room located in the second floor and committed rape upon her. In spite of resistance made by the victim the Appellant represented her that he would marry. On the next morning, he allowed her to go on understanding that she would tell her parents that they are married. When the entire incident was intimated by the victim to the de-facto complainant, her mother, she stated the
The testimony of a minor victim in sexual assault cases is sufficient for conviction if it inspires confidence, without the need for corroboration.
The court upheld the conviction against the appellant based solely on the victim's credible testimony, emphasizing that societal pressures do not negate the legal obligation to report sexual offenses....
The sole testimony of a victim in a rape case can sustain a conviction if found credible, regardless of the existence of physical evidence or corroborating witnesses.
The court confirmed the conviction based on the victim's credible testimony in a rape case, emphasizing that corroboration is not mandatory in such offenses.
The reliability of the victim's testimony and the principle that minor discrepancies should not overshadow trustworthy evidence.
The court affirmed that a victim's testimony, especially from a minor, can suffice for conviction in sexual assault cases, even without medical corroboration.
When age is in doubt, then question of taking victim away from lawful guardianship does not arise.
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