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JOYMALYA BAGCHI, AJAY KUMAR GUPTA
Abdul Latif Mondal @ Latif Mondal – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Joymalya Bagchi, J.
1. Appellant has assailed judgment and order dated 09.01.2017 and 10.01.2017 passed by the learned Additional Sessions Judge, 7th Court at Barasat, North 24 Parganas in Sessions Trial No. 02(06) of 2006 arising out of Sessions Case No. 28(01) of 2006 convicting the appellant for commission of offence punishable under Section 376(2)(f) of the Indian Penal Code read with Sections 3/4 of the Explosive Substance Act and sentencing him to suffer rigorous imprisonment for ten years and to pay fine of Rs.20,000/-only, in default, to suffer further rigorous imprisonment for one year more.
2. Prosecution case as alleged against the appellant is to the effect that on 21.08.2004 at 2:30p.m., the second daughter of PW 1 aged around 11 years and his third daughter aged around eight years went to Bamandanga field to cut grass for feeding the goat. At that time the appellant was reaping jute in the field. He threatened the third daughter of PW 1 and drove her away. Then he dragged the victim i.e. the second daughter to a shallow machine room. The younger daughter returned to her residence and disclosed the incident. Mojaffar Modal (PW 7), nephew of PW 1, proceeded to
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 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....
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 evidence of a rape victim should be treated on par with an injured witness, and mere penetration is sufficient to constitute rape.
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 main legal point established is the reliance on victim testimony and medical evidence to convict the appellant for the offence of rape under Section 376 of the Indian Penal Code, considering the ....
The main legal point established in the judgment is the reliance on the convincing testimony of the minor victim and corroborating evidence to uphold the conviction, despite the appellant's defense o....
The reliability of a victim's testimony, corroboration from other witnesses, and the credibility of the defendant's defense are crucial in cases of sexual assault.
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