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DEBANGU BASAK, BIBHAS RANJAN DE
S. Meganathan – Appellant
Versus
State – Respondent
JUDGMENT :
1. This appeal impugns the judgement and order of conviction passed on 12th day of September, 2022 and 13th day of September, 2022 respectively passed by the Ld. Judge in Special Case No. 16 of 2013 corresponding to Special Trial No. 48 of 2015 under Section 376 (2) (f) of the Indian Penal Code (for short IPC).
2. In view of the guidelines set by the Hon’ble Apex Court Governing this kind of scenarios, we will consciously avoid to divulge into the particulars of the survivor (for short X), witnesses and the Police Station, Hospital, other places including place of occurrence.
3. The appellant has been convicted by the Ld. Judge in connection with Special Case No. 16 of 2013 as under:-
|
| Particulars of Accused/Appellant | ||
| Section | Sentence | Fine | Sentence in default of fine |
| 376(2) (f) of the IPC | 10 years of rigorous imprisonment | Rs. 10,000/- | Six months of rigorous imprisonment |
Background:-
4. The facts as reflected in the judgment of the Trial Judge stand as follows:-
One statement of the mother of X was recorded by the duty officer on 23.07.2012 which was treated as complaint and was registered at the concerned Police Station
The court emphasized that the testimony of a minor victim in sexual assault cases must be treated with sensitivity, and minor inconsistencies do not undermine the prosecution's case.
The court upheld the conviction for sexual assault on a minor, emphasizing the reliability of the victim's testimony and corroborating evidence despite challenges regarding delay and medical findings....
The victim's testimony alone can suffice for conviction in rape cases, as corroboration is not mandatory if the testimony is credible.
The conviction for rape can be upheld based solely on the victim's credible testimony, without the need for corroboration, unless significant doubts arise.
Victim's testimony in sexual assault cases is given significant weight, and investigative irregularities do not automatically invalidate credible evidence.
The court upheld the conviction of both appellants for gang rape, affirming that witness credibility and minor inconsistencies do not undermine the prosecution's case.
The prosecution must prove its case beyond a reasonable doubt, and inconsistencies in the survivor's testimony led to the acquittal of the accused.
Point of law: Fact that the recovery and confessional statement made by the accused, which is the main linking factor in the circumstantial evidence of the prosecution version, being inadmissible as ....
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