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JOYMALYA BAGCHI, AJAY KUMAR GUPTA
Partha Das – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
(Joymalya Bagchi, J.)
1. Appeal is directed against the judgment and order dated 28.11.2019 passed by the learned Additional District & Sessions Judge, Fast Track Court, Cooch Behar in connection with Sessions Case No.72 of 2017 (Sessions Trial No.2(11) of 2017) convicting the appellant for commission of offence punishable under Sections 376/448/506 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years and to pay fine of Rs.50,000/- (Rupees fifty thousand) in default to suffer simple imprisonment for a further period of six months for the offence punishable under Section 376 of the Indian Penal Code; to suffer rigorous imprisonment for six months for the offence punishable under Section 448 of the Indian Penal Code and to suffer rigorous imprisonment for eight months for the offence punishable under Section 506 of the Indian Penal Code. All the sentences to run concurrently. 80% fine amount, if realised, be paid to the victim.
Prosecution case as alleged against the appellant is as follows:-
2. On 26.09.2016 at 1.00 PM victim was alone in the house. Taking advantage of the situation, appellant forcibly entered the room. When victim tried t
The court emphasized that a conviction based on a victim's testimony must be credible and free from contradictions, and the prosecution must prove its case beyond reasonable doubt.
The central legal point established in the judgment is that unexplained delay and discrepancies in the victim's deposition can raise doubts about the credibility of the prosecution's case, leading to....
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 reliability of victim testimony and the presumption of absence of consent in rape cases are crucial legal principles established in the judgment.
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 court upheld the conviction for gang rape based on the victim's consistent testimony and corroboration by witnesses, despite procedural issues regarding identification.
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.
Rape – Conviction and sentence – Although absence of injuries or non-rupture of hymen is not a sine qua non to prove offence of rape, where victim herself states that appellant attempted to rape her ....
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